27
testimony from Rodolfo Ruano Torres and Toribio Chiquillo Rodríguez- in order to be granted alternative
measures to deprivation of liberty,
107. On November 27, 2006, the Second Trial Court resolved the motion ruling it out of
order. With regard to the refusal to allow Mr. Ruano Torres to make a statement, the Court admitted
“at the moment he wanted to make a statement, he was not paid attention when it was asked.”150
Furthermore, the court maintained that at the end of the pre-trial hearing “he only said he was innocent
when that was the moment in the proceeding where he should have stated that he wanted to make a
statement.”151 The court also said that the times that Mr. Marroquín pointed him out were spontaneous
and direct.152 The court also pointed out that Mr. Ruano Torres could “allege what is relevant in the trial,
which is within his right to a material defense.”153
149
108. With regard to the petitioner’s allegations relating to the events that transpired on
January 5, 2007, at the Correctional Center in Apanteos in Santa Ana, where José Agapito Ruano Torres
was being held, the IACHR issued a press release four days after the events took place. The Commission
expressed its profound concern with the violent acts that had taken place in that institution as a result
of a mutiny, and which led to the death of 21 inmates.154 Mr. Pedro Torres Hércules reported that after
learning about those events, the correctional authorities at the institution told him that Mr. Ruano
Torres was not on the list of persons transferred or of deceased persons who had been identified.155
However, he indicated that they recommended that he go to the Forensic Medicine Center since there
were “deceased persons who had not been identified.”156 Mr. Torres Hércules states that he was not
able to enter that center “because a large crowd of people had gathered there waiting for the
opportunity to identify their loved ones.”157 He said that until the moment they were told that Mr.
Ruano Torres was still at the Correctional Center in Apanteos, his spouse Naría Maribel Guevara de
Ruano and his son Oscar Manuel Ruano Guevara went through “very difficult moments.”158
109. On September 24, 2009, the First Parole and Execution of Sentence Court granted Mr.
Ruano Torres parole.159 However, the Office of the Attorney General of the Republic appealed the
decision and on October 15, 2009, the First Penal Chamber of the First Section of the Judicial Center
revoked the decision.160
149
Annex 25. Resolution of the Second Trial Court, dated November 27, 2006. Annex to the petitioner’s brief dated April 11, 2007.
150
Annex 25. Resolution of the Second Trial Court dated November 27, 2006. Annex to the petitioner’s brief dated April 11, 2007.
151
Annex 25. Resolution of the Second Trial Court dated November 27, 2006. Annex to the petitioner’s brief dated April 11, 2007.
152
Annex 25. Resolution of the Second Trial Court dated November 27, 2006. Annex to the petitioner’s brief dated April 11, 2007.
153
Annex 25. Resolution of the Second Trial Court dated November 27, 2006. Annex to the petitioner’s brief dated April 11, 2007.
154
Annex 26. IACHR, Press Release No. 02-07, January 9, 2007.
155
Annex 27. Petitioner’s brief dated January 11, 2007.
156
Annex 27. Petitioner’s brief dated January 11, 2007.
157
Annex 27. Petitioner’s brief dated January 11, 2007.
158
Annex 27. Petitioner’s brief dated January 11, 2007.
159
Annex 28. Resolution of the First Penal Chamber of the First Section of the Judicial Center, dated October 15, 2009. Annex to the
report of the State dated March 2, 2010e 2010.
160
Annex 28. Resolution of the First Penal Chamber of the First Section of the Judicial Center dated October 15, 2009. Annex to the
report of the State dated March 2, 2010.