33
a)
the Court has jurisdiction to examine the facts supporting the purpose
of the Commission’s application, which is no other than to request the Court
to declare that the State denied Mr. Alfonso Martín-del-Campo the rights to
personal liberty, due process, effective judicial protection, and personal
safety, by holding him under custody “arbitrarily” and rejecting the innocence
remedy attempted in his favour.
In like manner, the representatives
requested the Court to declare that the State fully accreditated Mr. Martíndel-Campo’s confession which was obtained by means of torture in violation
of the prohibition expressly stated in Article 8 of the American Convention and
Article 10 of the Inter-American Convention to Prevent and Punish Torture,
and that it did not duly investigate nor has, to this date, punished all of those
responsible for such acts;
b)
there are, in the instant case, certain events that clearly fall under the
Inter-American Court’s jurisdiction, since they occurred after December 16,
1998, the date on which the State recognized the Court’s contentious
jurisdiction, to wit: the April 29, 1999, decision concerning the recognition of
innocence remedy; the decision to dismiss the April 16, 2001, amparo appeal
motion and its September 03, 2001, revision; and the closing, by the
Prosecutorial Agency, of the investigation of the June 06, 2000, events
related to torture which, while reopened on December 26, 2002 and up to
April 27, 2004, has not resulted in the prosecution or penal punishment of
any of the eleven public officials denounced.
c)
the different international courts and bodies have recognised ratione
temporis jurisdiction regarding the events occurred prior to the recognition of
the court’s contentious jurisdiction but which, despite such recognition,
prevail over time thus becoming illegal “continued” acts; or that jurisdiction
exists when the consequences or effects of such violations persist even after
such recognition.
d)
the Court has jurisdiction to hear the instant case concerning a series
of events of a “continuous” nature or whose effects have persisted to this
date, despite the fact that they occurred prior to the recognition of its
contentious jurisdiction.
The following are regarded as “continuous”
violations: “failure to investigate seriously and effectively acts of torture and
other offences denounced” by the alleged victim two days after his arrest;
“lack of adjustment of Mexican legislation and practice to international
parameters concerning prevention, investigation and punishment for torture;”
“illegal and arbitrary imprisonment” of Mr. Alfonso Martín-del-Campo and,
lastly, “the serious consequences that all the preceding circumstances have
generated concerning the physical and psychological safety of [the alleged
victim], as well as the personal safety of his next of kin;”
e)
Mr. Martín-del-Campo’s detention was based on a “confession obtained
under torture” which was, furthermore, carried out without the benefit of a
defence attorney and according to an erroneous interpretation of the principle
of procedural celerity. Such arbitrary detention “was reconfirm[ed] by means
of the judgment which denied the April 29, 1999, recognition of innocence
[remedy] which, again, alleges the principle of procedural celerity;