injuries, he concluded that "none of the injuries described—both lumbar and cranial—could have been caused by self-harm or seizures."72 58. In a brief filed on July 17, 1998, the attorney for the complainant challenged the report issued by the members of the Forensic Medical Corps comprising the Medical Board.73 On October 21, 1998, the Medical Board joined the outside expert to present a new report. It established that "the amount of cocaine found in ACOSTA JOSE DELFIN's blood is the result of taking a large amount, but it is impossible to conclude whether over ‘X’ period of time it was one dose or several."74 Likewise, it was concluded "that it is not scientifically possible to affirm whether he was unconscious or conscious based on the amount of cocaine ingested"75 and that it is not possible to determine whether or not the injuries could be selfinflicted.76 In his attached report, the expert witness stressed that “taken out of the context in which the events took place, it can be stated that the injuries described in the two autopsies performed are not fatal. However, taken together, the traumas could cause a neurogenic shock that, in the context of intoxication by alcohol or drugs mixed with alcohol, could have caused Acosta’s death.”77 59. In 2014, the National Directorate for Legal Affairs on Human Rights of the Secretariat for Human Rights and Cultural Pluralism of the Ministry of Justice and Human Rights asked PROCUVIN to investigate the facts of the case. This Attorney General's Office, in turn, requested a report from the General Directorate of Investigation and Technological Support for Criminal Investigation (DATIP), which was presented on July 27, 2015. The report determined that "José Delfín Acosta Martínez had numerous injuries that do not correspond to the usual patterns of self-harm,78 and some of them are clearly the result of police actions (such as the restraint injuries to both wrists) while in custody" and that "extemporaneous analysis of the record allows for the inference of a co-causality nexus between the multiple injuries observed and the intoxication by alcohol and cocaine, and the death of the individual known in life as José Delfín Acosta Martínez."79 D.3. Domestic proceedings 60. As a result of the death of José Delfín Acosta Martínez, case No. 22,190/96, entitled "Acosta Martínez, Delfín José regarding death for uncertain causes" was opened ex officio, filed before the National Criminal Investigation Court No. 10. By order of April 10, 1996, Blanca Rosa Martínez, mother of Mr. José Delfín Acosta Martínez, was taken as the 72 Report of H.R.N., outside medical expert, undated (evidence file, folio 284). 73 Cf. Brief filed on July 17, 1998 (evidence file, folios 302 to 307). 74 Report of the Medical Board of October 21, 1998 (evidence file, folio 309). 75 Report of the Medical Board of October 21, 1998 (evidence file, folio 311). 76 Cf. Report of the Medical Board of October 21, 1998 (evidence file, folio 312). 77 Report of outside medical expert of October 27, 1998 (evidence file, folio 317). Regarding head injuries, it was determined that “such injuries are not usually caused by self-harm, but the result rather of the participation of third parties. In fact, the injury described by Uruguayan professionals by the petrous part of the temporal bone (which cannot be evaluated with any scientific rigor using the photographs attached), would be even less compatible with self-harm. Rather, its existence indicates the action of a third party in the form of a trauma or blow with a blunt object, with or against the ipsilateral hemicranial surface ”(Medical-legal report of the Directorate of Technological Support for Criminal Investigations (DATIP) of July 27, 2015, evidence file, folio 1731). 78 Medical-legal report of the Directorate of Technological Support for Criminal Investigations of July 27, 2015 (evidence file, folio 1732). 79 19

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