Observaciones de la Comisión al oficio presentado por el Departamento de Medicina Legal del organismo de investigación judicial de la Corte Suprema de Justicia de la República de Costa Rica.
March 4, 1993
Ref: CASE 10.274
Dear President Fix-Zamudio:
We take this opportunity to acknowledge receipt of the Court's fax transmission received at the Commission March 1, 1993. The Commission's Delegate and Legal Advisor wish to make the following observations with respect to the note of Dr. Wagner Rodríguez Camacho:
a. the information contained in Dr. Rodriguez's note confirms that Mr. Panday was tortured;
b. it also confirms that the torture was inflicted to Mr. Panday's genital and pubic areas;
c. it confirms that the torture occurred while Mr. Panday was alive; as stated by Dr. M.A. Vrede, the injury which produced the wounds in question occurred shortly before Mr. Panday's death;
d. and it confirms that the injury was of traumatic origin; as stated by Dr. Vrede, the injuries were produced by application of blunt force.
This torture took place while Mr. Panday was in detention, while he was the responsibility of the Government of Suriname.
In light of the above conclusions, short of evidence satisfying the highest standard of proof that Mr. Panday committed suicide, the Government of Suriname is responsible for Mr. Panday's death. In view of the torture practiced on Mr. Panday shortly before his death, and among other things, the circumstances of the detention, the oral testimony
Dr. Héctor Fix-Zamudio
President
Inter-American Court of Human Rights
San Jose, Costa Rica
and written report of Dr. Vrede, and the pattern of gross violations of human rights that existed at this time in Suriname, it is the Commission's contention that the continued discussion of the likelihood of suicide is totally unconvincing.
Oliver Jackman Claudio Grossman
Commission Delegate Legal Advisor