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police investigations carried out to prove that the person pointed out by said witness in its testimony
was in fact Mr. Ruano Torres; and ii) the line-up identification where the victim of the kidnapping
identified José Agapito Ruano Torres. In that regard, the State contends that neither of those two pieces
of evidence “could be discredited during the proceedings.”
44.
The State contends that each one of the judicial decisions of the various courts, which
together led to the conviction of José Agapito Ruano Torres and his sentencing to 15 years in prison, was
“based on the law since criminal procedure and the various legal instances established were followed.”
The State alleges that there is no evidence in the record of the judicial proceeding of either the
petitioner or José Agapito Ruano Torres having requested an investigation into Mr. Ruano Torres being
mistakenly attributed the nickname Chopo. Furthermore, the State contends that the motions lodged on
behalf of Mr. Ruano Torres were resolved within established deadlines and that the allegation made by
the petitioner that some of the decisions lacked sufficient grounds was presented only because the
decisions “went against his interests.”
45.
Also, within the framework of the criminal proceedings, the State argues that José
Agapito Ruano Torres could have filed a motion to review, which is the legal recourse to seek relief for
the alleged violations. But, the State argues, Mr. Ruano Torres never invoked the remedy. To the
contrary, the State contends that all Mr. Ruano Torres did “was to complain and denounce the judges
and magistrates without making use of the mechanisms available within the proceedings.” By the same
token, the State notes that Mr. Ruano Torres had the additional opportunity to file an ordinary appeal
and a cassation appeal to challenge his detention, the line-up identification or any other actions.
However, the State contends that Mr. Ruano Torres “opted to abandon standard procedure which was
available to him as the suitable jurisdiction.” The State also pointed out that the alleged victim could
have sought relief by lodging a motion for amparo with the Constitutional Chamber of the Supreme
Court of Justice but he did not do so.
46.
On the other hand, the State makes reference to the denial of the motion to review
lodged by the petitioner after the conviction was handed down indicating that the motion had been
declared inadmissible because the evidence in support of his guilt was considered compelling. By the
same toke, the State alludes to the petition for habeas corpus lodged by the alleged victim, and says that
the unfavorable ruling of the Constitutional Chamber on August 7, 2001, was based on the fact that in
the course of the investigation evidence had been found of his participation in the commission of the
crime. The State also points out that the ruling responded to each of the alleged violations denounced
by the petitioner. In the resolution of that petition, the State points out, it was also determined that i)
contrary to the allegations, the judicial decisions by which the accused was ordered held in pre-trial
detention were not unwarranted; ii) the arrest of José Agapito Ruano Torres was carried out after he
had been identified; y iii) his physical integrity had not been violated given that the use of force by the
agents was necessary and commensurate to the resistance offered by the detainee.
47.
The State points out that based on the complaint filed by the petitioner, an internal
investigation was conducted within the National Civil Police into the conduct of the police officers who
had participated in the arrest of Mr. Ruano Torres. The State indicates that none of the officers was
sanctioned and that some of them “had died or were no longer members of the police force.” The State
also points out that the investigations requested by the alleged victim into the conduct of the judges
taking part in the proceedings resulted in a finding by the Department of Investigation of Professional
Conduct of the Supreme Court of Justice that the allegations made against the officials in question
“provided no evidence of probable cause to open a disciplinary inquiry.”