414. The Court also notes that, even if the alleged situation of in flagrante delicto is
accepted, the connection between this situation (which presumably consisted in the illegal
transportation of weapons in a bus) and the accusation constantly made against Mr.
Rubiano Galvis during the interrogations to which he was subjected (according to which he
was a member of, or had collaborated with, the M-19 to introduce the weapons into the
Palace of Justice) is unclear (supra paras. 382 and 395).
415. In addition, the Court underlines that Mr. Rubiano was not allowed to communicate
with his family until eight days after his detention. His wife, Lucía Garzón Restrepo, testified
that the day of his detention she went to the North Canton to ask for him; initially they
denied that he was there, and the following day they told her that she could not see him. 641
According to Ms. Restrepo and Mr. Rubiano Galvis they were only able to see each other
eight days after his detention, following his transfer to the Bogota Model Prison. 642
416. The Court observes that, in this case, Mr. Rubiano Galvis was detained without a court
order, presumably in flagrante delicto; however, the State has not provided any evidence in
this regard. During his detention he was accused of acts that had no clear or logical
connection with the offense he was supposed to have committed; he was kept
incommunicado for several days; initially his family was denied information on his detention
and whereabouts, and there is no proof that his detention was recorded in the different
State facilities to which he was transferred (the Zipaquirá military checkpoint, the Zipaquirá
station, and the Cavalry School). 643 Consequently, the Court concludes, based on all the
foregoing, that the detention of Mr. Rubiano Galvis was unlawful, in violation of paragraphs
1 and 2 of Article 7 of the American Convention, in relation to Article 1(1) of this
instrument. In view of this conclusion, the Court does not find it necessary, in this case, to
examine the alleged violations of the other paragraphs of Article 7 of the Convention that
were indicated by the Commission and the representatives.
B.3) Prohibition of torture and other forms of cruel, inhuman or
degrading treatment
417. Article 5(1) of the Convention recognizes, in general terms, the right to physical,
mental and moral integrity. Meanwhile, Article 5(2) establishes, specifically, the absolute
prohibition to subject anyone to torture or to cruel, inhuman or degrading treatment or
punishment, as well as the right of all persons deprived of liberty to be treated with respect
for the inherent dignity of the human person. 644 The Court understands that any violation of
Article 5(2) of the American Convention necessarily entails the violation of Article 5(1) of
this instrument. 645
641
Cf. Affidavit made on November 5, 2013, by Lucía Garzón Restrepo (evidence file, folio 35661) and brief of Lucía
Garzón Restrepo of November 22, 1985, addressed to the Head of Personnel of the Public Works Secretariat (file of
evidence, folio 24144). See also, decision of the Prosecution Service of July 12, 2007 (evidence file, folios 20398 and
20399).
642
Cf. Affidavit made on November 5, 2013, by Lucía Garzón Restrepo (evidence file, folio 35661) and Affidavit
made on November 5, 2013, by José Vicente Rubiano Galvis (evidence file, folio 35622).
643
Mr. Rubiano Galvis stated that they “were not included on any list in any battalion, and no one asked [their]
names or anything; it was in Puente Aranda where [their] personal data was recorded.” Cf. Affidavit made on
November 5, 2013, by José Vicente Rubiano Galvis (evidence file, folio 35622).
644
Cf. Case of Yvon Neptune v. Haiti. Merits, reparations and costs. Judgment of May 6, 2008. Series C No. 180,
para. 129, and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27,
2013. Series C No. 275, para. 303.
645
Cf. Case of Case of Yvon Neptune v. Haiti. Merits, reparations and costs. Judgment of May 6, 2008. Series C No.
180, para. 129, and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November
27, 2013. Series C No. 275, para. 304.
145
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents