CAT/C/23/D/60/1996
page 15
“I entirely concur with Professor Pounder and agree that this cannot be a ‘traffic
accident’, but is a deliberate injury to the lower intestine by the introduction of a thin
weapon into the rectum, in a man who has been beaten on the feet and buttocks.”
9.8
The second report, prepared by Professor Fournier of the Université René Descartes in
Paris on 10 October 1994, indicates that:
“[The autopsy report], which may be described as very succinct, furnishes no evidence as
to the true cause of death. [...] Most of the lesions described could be ascribed to a road
accident. However, two factors rule out this hypothesis:
“-
The perforation of the rectosigmoid junction, which cannot be accounted
for in terms of a mechanism of sharp deceleration and cannot be linked to
an osteal lesion of the pelvis.
“-
The lesions on the soles of both feet, which are difficult to imagine in such
circumstances.
[...]
“The hypothesis of death by inhibition is compatible with the observations made during
examination with the naked eye. This type of death, which may be observed when
violence is applied but also sometimes independently of any context of violence or
torture, has been described on the occasion of vaginal or rectal examination, various
punctures (of the pleura, the lumbar region, etc.), or injury to the testicles, the solar
plexus region or the neck. The exact mechanism of death is not known, but pulmonary
congestion is usually observed. As the dossier stands, and in the absence of more precise
data concerning the prior clinical state and the toxicological context, the hypothesis of
death by inhibition following the deliberate and traumatic introduction of a foreign body
into the rectum appears to be highly likely.”
9.9
Lastly, the third report, prepared by Professor Thomsen of the University of Odense
on 11 November 1994, states in relation to the autopsy report:
“The above pattern of injury is not consistent with any known type of road traffic
accident. The pattern of injury is much more consistent with having been inflicted
deliberately by the use of blunt violence. Thus the haemorrhages of the foot soles are
very indicative of the type of torture known as phalanga (or falaca) inflicted by the
beating of the soles of the feet with clubs or similar instruments. A perforation of the
rectosigmoid junction is very rarely seen without a pelvic fracture and is much more
indicative of torture by the insertion of an object through the anal canal. The rest of the
lesions are all consistent with the use of blunt violence in the form of beating by one or
more other persons.