32
f)
the “detention resulting from a confession obtained from Mr. [Alfonso
Martín-]del-Campo […] by means of torture and with the ‘legal advice’ of a
graduate in computer science, continues to have effects up to this day.” In
the instant case, arbitrary denial of personal freedom and denial of justice are
not violations that became consummated instantaneously;”
g)
while it is true that the act of torture whose victim was Mr. Alfonso
Martín-del-Campo is a single act not being claimed as an act of a “continuous
nature,” the consequences of said act and the consequent arbitrary detention
and denial of justice are different in nature, since they have been affecting
Mr. Martín-del-Campo with equal or greater intensity today than on the day
on which the confession was signed. The consequences of torture do not end,
nor have they been repaired;
h)
arbitrary detention is a “permanent offence.” Offences of this type
have a result and imply, by the will of the perpetrator, maintaining a typical
situation that lasts a certain length of time. In the case of offences of this
type the act is constantly renewed; there is no pause between the different
actions, and what prevails is the consummation of the act per se. It is for this
reason that it is pointed out that prevalence refers to the action, not to its
effects. In this case the action started on December 16, 1998, the day on
which Mexico recognized the Court’s contentious jurisdiction, but because of
its nature as a “permanent offence” it is necessary, in order to become
informed concerning whether or not Mr. Martín-del-Campo’s detention is
arbitrary, to take its background into account. The Court is, therefore, not
being required to have ratione temporis jurisdiction over previous events,
only over later events.
i)
the “authorities that took part in this case had several possibilities to
repair the alleged violations and did not do so. Said omission has persisted
after the [recognition] of the contentious jurisdiction of the […] Court [by
Mexico] and has become reiterated during the submission and justification of
the recognition-of-innocence remedy, for which reason international
responsibility on the part of the State is generated […] concerning the facts in
the instant case.” In turn, rejection of the cited recognition-of-innocence
remedy implies not only denial of justice, but also legal validation of Mr.
Alfonso Martín-del-Campo’s statement which was obtained under torture at
the Distrito Federal Office of the Attorney General; and
j)
the Inter-American Convention to Prevent and Punish Torture was
ratified by the State on June 22, 1987. However, such rules were not applied
by the attorneys who took part in the recognition-of-innocence remedy filed
on behalf of Mr. Alfonso Martín-del-Campo, giving again full value to his
“confession obtained under torture.” Similarly, the State “continues to fail to
comply with its obligation to investigate duly and punish all persons
responsible for the acts of torture perpetrated by the authorities” of Mexico
against Mr. Martín-del-Campo.
Arguments of the representatives of the alleged victim and his next of kin
63.
The representatives of the alleged victim and his next of kin asked the Court
to declare that it has jurisdiction to hear the facts in the instant case. Regarding
these, they alleged the following: