69
progress of the criminal investigation conducted by the Public Prosecutor’s Office in
the month of April 2009. In this respect, it sustained that the Panamanian State has
made several requests to obtain the initial statement of Mr. Vélez Loor but that such
statement is not possible without his direct cooperation.
230. The Court has pointed out that, according to Article 1(1) of the American
Convention, the obligation to guarantee the rights enshrined in Articles 5(1) and 5(2)
of the American Convention embodies the duty of the State to investigate possible
acts of torture and other cruel, inhumane or degrading treatment.256 The duty to
investigate is reinforced through the provisions of Articles 1, 6, and 8 of the
Convention against Torture,257 which set forth that the State is bound to “take […]
effective measures to prevent and punish torture within its jurisdiction,” and to
“prevent and punish […] other cruel, inhumane, or degrading treatment or
punishment.” In addition, according to the provision of Article 8 of that Convention,
State Parties shall guarantee
[…] that any person making an accusation of having been subjected to torture
within their jurisdiction shall have the right to an impartial examination of his
case [and]
[i]f there is an accusation or well-grounded reason to believe that an act of
torture has been committed within their jurisdiction, […] that their respective
authorities will proceed ex officio and immediately to conduct an investigation
into the case and to initiate, whenever appropriate, the corresponding criminal
process258.
256
Cf. Case of Ximenes Lopes v. Brazil. Merits, Reparations, and Costs. Judgment of July 4, 2006.
Series C No. 149, para. 147; Case of González et al. (“Cotton Field”), supra note 20, para. 246, and Case
of Bayarri, supra note 27, para. 88.
257
Article 1 of the Inter-American Convention to Prevent and Punish Torture states that:
The State Parties undertake to prevent and punish torture in accordance with the terms of this
Convention.
Likewise, Article 6 states that:
In accordance with the terms of Article 1, the States Parties shall take effective measures to
prevent and punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses
under their criminal law and shall make such acts punishable by severe penalties that take into
account their serious nature.
The States Parties likewise shall take effective measures to prevent and punish other cruel,
inhuman, or degrading treatment or punishment within their jurisdiction.
Article 8 states that:
The States Parties shall guarantee that any person making an accusation of having been subjected
to torture within their jurisdiction shall have the right to an impartial examination of his case.
Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has
been committed within their jurisdiction, the States Parties shall guarantee that their respective
authorities will proceed properly and immediately to conduct an investigation into the case and to
initiate, whenever appropriate, the corresponding criminal process.
After all the domestic legal procedures of the respective State and the corresponding appeals have
been exhausted, the case may be submitted to the international fora whose competence has been
recognized by that State.
258
As of September 28, 1991, date in which said Inter-American Convention against Torture entered
into force in Panama, according to its Article 22, the State has the duty to comply with all the obligations
contained in said treaty (supra para. 57).
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