CAT/C/75
page 32
149. In its recommendation 19/2000, the National Commission noted: “On 15 November 1998
sub lieutenant (…), a surgeon assigned to the Twenty-seventh Military Zone, with
headquarters in Plaza de El Ticuí, Guerrero, conducted a medical examination of Mr. Carlos
Montes Villaseñor. Far from mentioning and classifying the injuries shown by Mr. Montes at
the time, the medical report he issued that day stated that Mr. Montes displayed no visible
injuries. This was an infringement of article 545 of the Code of Military Justice, which states
that experts should take all steps within their power to determine the circumstances on which
they base their reports. This is a serious matter, as sub lieutenant (…)’s actions prevented the
competent military prosecuting authority from investigating possible torture by members of
the 68th Infantry Battalion in Pie de la Cuesta, Guerrero.”
150. In its recommendation 3/2001, the Jalisco Human Rights Commission states:
“Dr. P.G.V. testified before the Commission that because of intimidation by police investigators
while he was examining the injured parties he was not able to perform his work properly, and
issued medical certificates without duly examining the detainees; this indicates the intimidating
effect that the mere presence of police investigators produces.”
151. Recommendation 5/2000 of the Office of the Baja California State Procurator for Human
Rights and Civic Protection cites the following statement from a detainee: “Before being
photographed by the press, he and a doctor were taken to the second floor in the courthouse area,
where the doctor examined him. When he had taken off his clothes and the doctor began to
examine him he noticed bruises on his body and asked him what had happened. As police
officers were present and he was afraid, he replied that he had fallen. The doctor again asked
him what had happened to his wrists, and he replied that slight pressure had been applied to
them; in the end, the doctor wrote out a prescription and that was all.”24
152. The Committee members were able to meet with medical experts attached to some of the
public attorneys’ offices visited and to consult the medical certificates in the files of many of the
detainees whom they met. The files should contain certificates from the pubic attorney’s office
doctor and prison doctor. In the case of detainees who alleged that they had been tortured the
certificate issued by the public attorney’s office doctor was at times missing from the file, on
other occasions mentioned no injuries whatsoever, and on other, rarer, occasions, gave a detailed
description of the injuries.25 In the great majority of cases, the file included the certificate issued
by the prison doctor, which often did mention injuries. In no case, however, were the causes of
the injuries mentioned, there being simply an indication of their severity in terms of the time they
would take to heal.
153. Some interviewees mentioned the fact that many medical experts lacked training in
torture-related issues, especially those attached to public attorneys’ offices and those in rural
areas. Others noted their lack of independence from the police or public attorney.
Recommendation 5/2000, Office of the Baja California State Procurator for Human Rights and
Civic Protection, states:
“These medical references afford stronger grounds for affirming that
Héctor Alejandro Gutiérrez and Luis Enrique Medina Castillo were subjected to
treatment that qualifies as torture, and that, despite the denials by public prosecutor’s
office officials and the fact that Dr. Aurelio Rojas Navarro of the State
Attorney-General’s Office Expert Services, did not record the injuries described
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