symptoms of post-traumatic stress or depression were detected in Reyes Alpízar Ortiz, or any
psychological disorder characteristic of torture cases.” 124 In February and March of 2008, Reyes
Alpízar denounced irregularities in the PGJEM’s expert opinions 125 as well as mistreatment by the
psychologists. 126 The judge accepted his statements “as given,” and said that these would be
considered “at the appropriate procedural moment.” On June 5, 2008, the Court ordered the
appointment of third party experts. 127
94. On December 11, 2007, the Human Rights Commission of the state of Mexico (hereinafter
“CODHEM”) performed a medical examination on Reyes Alpízar. 128 It stated that “from a medical
forensic point of view, there are no technical or medical elements that enable us to prove or rule
out the allegations made by the victim.” 129 This report was endorsed by the PGJEM 130 and, together
with the examinations performed by the PGJEM, was contested by the alleged victims for not
complying with the Istanbul Protocol. 131
95. On June 5, 2008, the Fifth Criminal Court of First Instance ordered the appointment of third
party experts. 132 The psychologist T.R.S. and the sociologist I.G.R. concluded that Reyes Alpízar
presented “signs and symptoms typical of post-traumatic stress disorder (PTSD), lasting
personality changes, generalized depression and anguish […] that undoubtedly correspond to cruel
and inhuman treatment and punishment characteristic of torture.” 133 The psychologist M.E. also
found that he “presented signs and symptoms of post-traumatic stress disorder typical of
torture.” 134 In a hearing on February 17, 2010, the third expert S.L.S.M., indicated that he did not
have “technical-scientific elements to support the view that physical torture had occurred in the
124
Psychological report. Expert Services, Psychology. Criminal case 88/2002 Tlalnepantla, Mexico, May 7, 2008.
Contains 114 pages, page 105 (evidence file, folios 1564 to 1679), and Fifth Criminal Court of First Instance. Voluntary
appearance of expert witness. Tlalnepantla, State of Mexico, May 12, 2008 (evidence file, folios 1680 to 1681).
125
It was alleged that these assessments were carried out by the same professionals who would have checked him
during the arraigo, with mockery and jeers when he was “without a robe, without a bed or sheet and in the prison yard
and without the support of anyone” with “taunts, sarcasm, mockery and comments.” Brief of Reyes Alpízar Ortiz. Criminal
case 88/02. February 18, 2008 (evidence file, folios 1682 to 1699).
126
Cf. Brief of Reyes Alpízar Ortiz. Criminal case 88/02. March 31, 2008 (evidence file, folios 1700 to 1710).
Cf. Fifth Criminal Court of First Instance. Evidence hearing. Tlalnepantla, state of Mexico, June 5, 2008 (evidence
file, folios 1774 to 1777), and Fifth Criminal Court of First Instance. Evidence hearing. Tlalnepantla, state of Mexico, June
19, 2008, “Evidence hearing 19.6.2008” (evidence file, folios 1779 to 1782).
127
128
Cf. Fifth Criminal Court of First Instance. Order. Tlalnepantla, state of Mexico, April 4, 2008 (evidence file, folios
1716 to 1718).
129
Cf. General Inspectorate II Northeast. File. CODHEM/NJ/1413/2007. Official letter No. 400C132300/2200/2008.
Certified copy of medical examination. Tlalnepantla de Baz, Mexico, March 26, 2008 (evidence file, folios 1719 to 1721).
Cf. Certified copy of medical examination of Reyes Alpízar performed by CODHEM on December 11, 2007 (evidence
file, folios 1722 to 1739).
130
131
Cf. Brief of Daniel García Rodríguez and Reyes Alpízar Ortiz. Criminal case 88/02. October 9, 2008 (evidence file,
folios 1740 to 1772).
132
Cf. Fifth Criminal Court of First Instance. Evidence hearing. Tlalnepantla, state of Mexico, June 5, 2008 (“Evidence
hearing 19.6.2008”, evidence file, folios 1773 to 1782). It should be noted that Article 230 of the 2000 Code of Criminal
Procedure for the state of Mexico, established that: When the opinions of the experts are in disagreement, the public
servant who carries out the proceedings shall appoint a third expert, ensuring whenever possible that the person appointed
is from outside the institution or office of the experts in disagreement, and shall summon them to a meeting, in which they
or those who have replaced them and the third party expert shall discuss the points of difference, and the result of the
discussion shall be recorded in the minutes.
Psychological report. Criminal case 88/2002. Mexico, Federal District, August 11, 2009. Contains 74 pages, Fifth
Criminal Court of First Instance (evidence file, folios 1783 to 1856). Evidence hearing and Board of Experts. Tlalnepantla,
state of Mexico, November 20, 2009 (“Evidence hearing and Board of Experts 20.11.2009”) (evidence file, 1857-1873).
133
134
Psychological expert report. Criminal case 88/2002. Extortion, Fraud, Aggravated Homicide, Others. Toluca,
Mexico, October 20, 2009. Contains 14 pages, page 9. Evidence hearing and Board of Experts 20.11.2009 (evidence file,
folios 1874-1888).
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