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term arbitrarily imposed on him with disregard for the minimum guarantees of presumption of
innocence and the right of defense.
184. In light of the above considerations, the Commission concludes that the State did violate
the right to mental and moral integrity enshrined in Article 5.1 of the American Convention, in
conjunction with the duty of respect established in Article 1.1 thereof, with respect to the members of
José Agapito Ruano Torres’s family: his wife María Maribel Guevara de Ruano, his son Oscar Manuel
Ruano Guevara, his daughter Keili Lisbet Ruano Guevara, and his cousin Pedro Torres Hércules.
VI.
CONCLUSIONS
185. Based on the legal and factual considerations set out above, the Commission concludes
that the State of El Salvador is responsible for violating the rights to a fair trial, to judicial protection, to
personal liberty, and to humane treatment of Mr. José Agapito Ruano Torres. The Commission further
concludes that the State of El Salvador is responsible for violating the right to mental and moral integrity
of his wife María Maribel Guevara de Ruano, his son Oscar Manuel Ruano Guevara, his daughter Keili
Lisbet Ruano Guevara, and his cousin Pedro Torres Hércules.
VII.
RECOMMENDATIONS
186.
Based on the foregoing considerations of fact and law,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THAT THE STATE OF EL SALVADOR:
1.
Adopt, as promptly as possible, the measures necessary to cancel the effects of Mr.
Ruano Torres’s conviction, including the alternative measures to incarceration which remain in force.
2.
In light of the time that Mr. Ruano Torres has been deprived of his liberty under the
sentence imposed, the Commission recommends that, should the victim so desire, the sentence be
revised to bring it into line with the standards governing the presumption of innocence and the right of
defense in the terms set out in this report.
3.
Provide the victims in this case with integral reparation, including both the material and
nonmaterial aspects.
4.
Conduct a serious, diligent, and effective investigation, within a reasonable time, to cast
light on the acts of torture described by Mr. Ruano Torres, identify the guilty, and impose the
corresponding penalties.
5.
Take the applicable administrative, disciplinary, and criminal steps in connection with
the actions and omissions of the state agents (police officers, prosecutors, public defenders, and judges
of the various courts) whose actions contributed to the violations of José Agapito Ruano Torres’s rights.
6.
Take the necessary steps to prevent similar incidents in the future, in compliance with
the duty of preventing and guaranteeing the fundamental rights enshrined in the American Convention.
Specifically, develop training programs for state officials that include the international provisions