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.

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