37
155. Thus, the Commission notes that although José Agapito Ruano Torres’s detention was
legal, in that a warrant for his arrest had been issued in accordance with Article 13 of the Constitution of
El Salvador,192 it became arbitrary.193 The Commission has stated that people can only be deprived of
their liberty through a judgment arrived at during a trial in which they were able to defend
themselves,194 which was not the situation in Mr. Ruano Torres’s case. Accordingly, the Commission
concludes that the State did violate Article 7.3 of the American Convention, in conjunction with Article
1.1 thereof, with respect to Mr. Ruano Torres.
156. In addition, the Commission notes that on December 7, 2000, Mr. Ruano Torres filed a
habeas corpus remedy with the Constitutional Chamber of the Supreme Court of Justice, asserting that
his arrest had been arbitrary. Later, after receiving no response, on January 3 and February 19, 2001, he
filed expansions of the habeas corpus remedy, requesting that an investigator be sent to the his
neighborhood to verify that he was not known by the alias Chopo. It was not until August 7, 2001, that
the Constitutional Chamber of the Supreme Court ruled on the habeas corpus filing by resolving to keep
Mr. Ruano Torres in prison.
157. Article 7.6 of the American Convention is one of the basis for the protection of the right
to personal liberty by a judicial body.195 Thus, the habeas corpus remedy is the ideal means for securing
the liberty of a detained person.196
158. The Commission finds that in the case at hand, the habeas corpus remedy was
ineffective, because the judicial authorities failed to pursue the minimal formalities needed to
determine whether Mr. Ruano Torres’s arrest had been arbitrary. Moreover, it took nine months for the
habeas corpus remedy to be resolved, which is an unreasonable delay, particularly in light of Mr. Ruano
Torres’s situation. In conclusion, the Commission finds that the State did violate Article 7.6 of the
American Convention, in conjunction with Article 1.1 thereof, with respect to José Agapito Ruano
Torres.
B.
The alleged violations of the right to humane treatment and the investigations related
to those facts
1.
The violence during his arrest and the torture allegations
159. First of all, the Commission notes that there is a dispute over whether the violence used
against Mr. Ruano Torres in accordance with the established facts constituted a form of torture or a
legitimate use of force.
160. The IACHR has underscored that the American Convention prohibits the use of torture
or cruel, inhuman, or degrading treatments or punishment in any circumstance. The Commission has
192
Article 13 of the Constitution of El Salvador: Administrative detention shall not exceed a duration of seventy-two hours, during
which time the detainee must be referred to a competent judge, along with the formalities carried out.
193
IACHR, Report No. 172/10, Case 12.561, Merits, César Alberto Mendoza and other (Prison and life sentences for adolescents),
Argentina, November 2, 2000, para. 179.
194
IACHR, Report No. 64/99, Case 11.778, Merits, Ruth del Rosario Garcés Valladares, Ecuador, April 13, 1999, para. 51.
195
I/A Court H. R., Case of Acosta Calderón v. Ecuador, Judgment of June 24, 2005, Series C No. 129, para. 85.
196
I/A Court H. R., Case of Bámaca Velásquez v. Guatemala, Judgment of November 25, 2000, Series C No. 70, para. 192.