14
2 - Simple contusion in the scrotum
3 - Simple contusion in the prepubic tissue.
b.
In a follow-up note dated February 22, 1993, the abovementioned Department of
Forensic Medicine added that "the contusion described in the genital and pubic area of Mr.
Ganday (sic) entails a vital act, which means that it was produced while he was alive and
was traumatic in origin."
c.
The Report of the General Division of Forensic Medicine of the Technical Corps of
the Judicial Police of Venezuela places on record that
[With respect to the photographic material] [t]he disposition of the
cadaverous lividities is very evident [. . .] No bruises, ecchymosis or other evidence of
traumatism can be observed, but the phenomenon known as lividities [. . .] difficult to
define due to the quality of the photographic material and the distance from which the
photograph was taken. In any event, it appears to be a small flayed area in the
scapular region, probably caused by the weight of the body upon hitting the wall when
he jumped to hang himself.
There is no physical evidence [. . .] [that he had been tortured] in the
photographs taken of the cadaver.
d.
The follow-up report of the aforementioned General Division of
Forensic Medicine regarding the observations made by Dr. M. A. Vrede during
the public hearing states that:
The greater part of the comments and contradictions in the information
supplied by the videotape [during the public hearing], because the tape is of low
technical quality and was taken long after the death took place, [. . .] was the reason
that we abstained from making any comments, as it is risky to issue opinions based on
this material.
56.
Having examined all of the above elements, the Court considers that no conclusive or
convincing indications result from the evaluation thereof that would enable it to establish the truth
of the charge that Mr. Asok Gangaram Panday was subjected to torture during his detention by
the Military Police of Suriname. Accordingly, the Court cannot conclude, as the Commission
requests, that in the instant case there exists a presumption that Article 5(2) of the Convention
protecting the right to humane treatment was violated. And the Court so finds.
VIII
57.
As regards the death of Mr. Asok Gangaram Panday while in detention and confinement in
the "shelter for deportees located in [the] complex of the Zanderij Brigade," the Court is of the
following opinion:
a.
The Court finds that it has been proved that Mr. Asok Gangaram Panday died while
imprisoned in the custody of members of the Military Police of Suriname (cf. the report of
the Military Police Corps of Suriname, signed by Achong J. G., Ensign of the Military Police,
on November 17, 1988; the report of proceedings drawn up by R. S. Wolfram, Police
Inspector of the Technical Service of Investigations and Inspections of Paramaribo, dated
November 8, 1988; the autopsy report and death certificate of Mr. Choeramoenipersad
(Asok) Gangaram Panday, both signed by Dr. M. A. Vrede, pathologist, on November 11
and 14, 1988, respectively).
b.
It has also been proved that the victim died by mechanical asphyxia as a result of
hanging (cf. the autopsy report signed by Dr. M. A. Vrede; the opinion of Dr. Richard J.