34
drafted on the day of the victim's death, i.e. the record of the post-mortem
examination of the body, indicated “cardiac arrest” as the cause of death.
99.
However, expert witness José Pablo Baraybar, in the report submitted to this
Court, concluded that “the injuries found in the neck and base of the skull are
consistent with a possible firearm injury” (supra para. 64). The Court notices that no
photographs of Mr. Bernabé Baldeón-García were taken either. The State officials
responsible for his death made sure that the body was immediately buried (supra
para. 72(22)).
100. In her report, expert witness María Dolores Morcillo-Méndez stated that the
methodology used to perform the post-mortem examination of the body cannot be
determined from the documents analyzed. In addition, said record does not entirely
conform to the principles and procedures provided for in relation to this kind of
activities during investigation of deaths while in the custody of the State or deaths in
violent circumstances in general. The expert witness concluded that the examination
of the body was performed by an “unqualified or inexperienced person” (supra para.
64).
101. In the Court’s opinion, based on the expert witnesses´ reports submitted to
this Court, the examination of the body failed to comply with the requirements of the
principles of forensic science and the international law on human rights. This
situation becomes even more serious since no autopsy was conducted.
102. Consequently, this Court considers that the deficiencies identified in the
examination of the body hindered the possibility of determining with reasonable
certainty the probable cause of death of Mr. Bernabé Baldeón-García.
103. From the records submitted to this Court it is also impossible to determine
whether adequate measures were taken to obtain testimonies that are essential to
uncover the truth, before the year 2005 (supra para. 72(36)).
104. Based on the foregoing, the Court finds that the State has not complied with
its obligation to guarantee the right to life enshrined in Article 4 of the Convention, in
relation to Article 1(1) thereof, in respect of Mr. Bernabé Baldeón-García, insofar as
it has failed to conduct a rigorous, thorough and effective investigation into the facts
analyzed herein.
*
* *
105. Based on the foregoing and taking into account the acquiescence of the State
to the claim related to the death of Mr. Bernabé Baldeón-García, the Court finds that,
as a result of depriving the victim of his life through the acts of its officials (supra
para. 20 and 72(21)) and of failing to comply with its duty to conduct a rigorous,
thorough and effective investigation (supra paras. 90 to 104), the State is liable for
the violation of Article 4(1) of the Convention, in relation to Article 1(1) thereof,
insofar as it has failed to comply with its duty to respect and guarantee the right to
life, to the detriment of Mr. Bernabé Baldeón-García.
IX