B.2. Rights to personal liberty and personal integrity of Robert Ignacio Díaz Loreto
90.
The Court has indicated that the essential content of Article 7 of the American
Convention is the protection of the liberty of the individual against any arbitrary or unlawful
interference by the State.113 The Convention has recognized that the principal guarantee of
individual liberty and safety is the prohibition of unlawful or arbitrary detention or
imprisonment. In relation to unlawful detention, the Court has indicated that “although [the
State] has the right and the obligation to ensure state security and maintain public order, its
powers are not unlimited, because it has the duty, at all times, to apply procedures that are
in keeping with the law and that respect the fundamental rights of all those who are subject
to its jurisdiction.”114
91.
In addition, the Court recalls that the Convention explicitly recognizes the right to
personal integrity, which is a right the protection of which encapsulates the main purpose of
the peremptory prohibition of torture and of cruel, inhuman or degrading treatment or
punishment.115 The Court has also indicated that any use of force that is not strictly necessary
due to the conduct of the person detained constitutes an attack on human dignity in violation
of Article 5 of the American Convention.116
92.
Furthermore, the Court notes that, pursuant to its case law, it should be recalled that
“in any case of the use of force [by State agents] that has resulted in the death or injury of
one or more persons, the State has the obligation to provide a satisfactory and convincing
explanation of what happened and to disprove the allegations concerning its responsibility
with adequate probative elements.”117 Similarly, this Court’s consistent case law recognizes
that a presumption exists that the State is responsible for the injuries revealed by anyone
who has been in the custody of State agents.118
93.
In the instant case, as already mentioned, Robert Díaz Loreto was already dead when
he was admitted to the Corinsa Social Security clinic, at least one hour after having been
injured by police officers of Aragua state. According to the autopsy, his body was full of mud
and “sewage,” he had a “moderate cerebral edema with compression grooves in […] the
hippocampus and orbital lobes,” and the “oral cavity with the presence on the gums of a black
granular substance” also within the thorax, the respiratory tract, in the teeth, the esophagus,
the trachea and, according to the forensic evidence, “it was already entering the lungs” (supra
para. 37). This evidence indicates that Robert Díaz Loreto was subjected to physical abuse,
probably while in the custody of the police (supra para. 82). Also, as indicated, the authorities
failed to investigate those findings in Robert’s body, and did not provide a satisfactory
explanation about them. Consequently, this Court finds that the State is responsible for a
Cf. Case of the "Juvenile Re-education Institute” v. Paraguay. Preliminary objections, merits, reparations
and costs. Judgment of September 2, 2004. Series C No. 112, para. 223, and Case of Romero Feris v. Argentina,
para. 76.
113
Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of September 18, 2003. Series C No.
100, para. 124, and Case of Espinoza González v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 20, 2014. Series C No. 288, para. 117.
114
115
Cf. Case of Ximenes Lopes v. Brazil. Merits, reparations and costs. Judgment of July 4, 2006. Series C No.
149, para. 126, and Case of Ruíz Fuentes et al. v. Guatemala. Preliminary objection, merits, reparations and costs.
Judgment of October 10, 2019. Series C No. 384, para. 120
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 57,
and Case of Omeara Carrascal et al. v. Colombia. Merits, reparations and costs. Judgment of November 21, 2018.
Series C No. 368, para. 193.
116
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 26, 2010. Series C No. 220, para. 134 and Case of Isaza Uribe et al. v. Colombia, para. 88.
117
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November
25, 2006. Series C No. 160, para. 311, and Case of Munárriz Escobar et al. v. Peru. Preliminary objection, merits,
reparations and costs. Judgment of August 20, 2018. Series C No. 355, para. 73.
118
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