The facts of the case concern the arbitrary detention, torture and cruel, inhumane and degrading treatment of Wilson Gutiérrez Soler by members of the National Police and an individual (ex officer of the National Army). These acts were carried out with the objective of obtaining a confession for an offence of which he was declared innocent.

The IA Court recognized the search and entry carried out by the State and its legal effects relating to the reparation of the case’s victims, and established that the State was responsible for the failure to comply with its obligation to prevent and punish torture, as contained in the Inter-American Convention to Prevent and Punish Torture, given that the events remain in impunity at a domestic level.