75
243. As to the arguments of the State regarding the impossibility of gathering
certain evidence (supra para. 229), the Tribunal considers that the State cannot
attribute its failure to comply with its conventional obligations and/or its delay in
complying to the measures of coordination that must be taken at the international
level in order to effectively process evidence, given that it is a duty of the State to
adopt such pertinent measures as are required to comply with this obligation and,
particularly, to adopt all necessary measures to take the witnesses’ testimony, as well
as to take any other steps that may contribute to the advancement of the
investigations. Therefore, the State must adopt all administrative, judicial, diplomatic
or other measures in order to further advance in the investigation, as well as adopt all
measures and procedures required to that effect.285 In this respect, it is worth
mentioning the importance of the victim’s cooperation to be able to comply with some
of the measures ordered by the organ in charge of the investigation.
244. With respect to the representative’s allegation that the State is responsible for
failing to adequately codify the crime of torture, the Court recalls that it has ruled on
the noncompliance of obligations established in the Convention against Torture in this
regard in the case of Heliodoro Portugal v. Panama, which thereby has general effects
that permeate this specific case.286
245. As a consequence, the Inter-American Court concludes that serious alleged
violations to the right to the personal integrity of Mr. Vélez Loor that could constitute
torture exist in the present case, those of which the local tribunals must investigate.
Hence, the Court finds that the State did not duly initiate, until July 10, 2009, a
prompt investigation into the allegations of torture and mistreatment to which Mr.
Vélez Loor had been subjected; therefore, it failed to comply with the duty to
guarantee the right to humane treatment [personal integrity] enshrined in Articles
5(1) and 5(2) of the American Convention, in conjunction with Article 1(1) therein,
and the obligations contained in Articles 1, 6, and 8 of the Convention against
Torture, to the detriment of Mr. Vélez Loor.
VIII-3
NON-DISCRIMINATION AND RIGHT TO EQUAL PROTECTION
246. The representatives sustained that the violations committed against Jesús
Vélez Loor “are framed within a generalized context of discrimination and
criminalization of immigration,” in attempts to reduce the migration flows into
Panama, particularly of those irregular migrants.
247. The State categorically denied the existence of said context and sustained that
the different bodies of the Panamanian State, each of them within the scope of its
jurisdiction, had taken and, in fact, continue taking measures to promote integration
and equality among the population, whether nationals or aliens, without consideration
as to the national or migratory status of the aliens under its jurisdiction. In this way,
the State referred to the regularization programs of migrants and amnesty, laws on
employment and social security, access to public education and health, among other
topics.
248. This Tribunal has already considered that the principle of equality before the
law, equal protection before the law, and non-discrimination belongs, at the current
285
Cf. Case of Cantoral Benavides v. Perú. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights on November 20, 2009, Considering clause 19.
286
Cf. Case of Barrios Altos v. Perú. Interpretation of the Judgment on the Merits. Judgment of
September 3, 2001. Series C No. 83, para. 18; Case of Ibsen Cárdenas and Ibsen Peña, supra note 28,
para. 194, and Case of Anzualdo Castro, supra note 60, para. 191.
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