cases of corruption, abuse of power, drug-trafficking, and other criminal activities, in addition to having committed illegal detentions, abuse of authority, torture and ill-treatment of detainees at the time of their arrest and during their detention (supra para. 28). 77. In any case, this Court’s case law has also indicated that, whenever an individual in normal physical condition is detained and subsequently appears with health problems, the State must provide a credible explanation for this situation.62 Consequently, there is a presumption that the State is responsible for the injuries exhibited by a person who has been in the custody of State agents,63 and the State has the obligation to provide a satisfactory and convincing explanation of what happened and disprove the allegations of its responsibility using adequate probative elements. 64 78. According to the description of the acts of violence suffered by Mr. Fleury at the hands of agents of the Haitian Police in the said context, there can be no doubt that those acts were committed intentionally and that they caused him severe suffering and physical aftereffects. In those circumstances, many of those acts can evidently be characterized as forms of torture and others as cruel, inhuman and degrading treatment. 79. Moreover, according to the reported facts, the purpose of the ill-treatment perpetrated against Mr. Fleury was to humiliate him and punish him for being a human rights defender. This is revealed by the constant references made by the members of the HNP to that fact when subjecting him to physical abuses (supra para. 36). In this regard, Mr. Fleury stated that, at the time of his arrest, after he had identified himself as a human rights defender, one of the policemen threatened him (supra para. 34), and when they ordered him to clean his cell, they stated: “the man who says he works with regard to human rights is now going to clean the cell.”65 80. Regarding Mr. Fleury’s professional status as a human rights defender, this Court reiterates that compliance with the obligation to create the necessary conditions for the effective exercise and enjoyment of the rights established in the Convention is inherent in the protection and recognition of the importance of the role played by the human rights defenders,66 whose work is essential to strengthen democracy and the rule of law. In 62 Cf. Case of Juan Humberto Sánchez v. Honduras, supra note 47, para. 100, and Case of Cabrera García and Montiel Flores v. Mexico, supra note 45, para. 134. 63 Cf. Case of the “Street Children” (Villagrán Morales et al.) vs. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 170 and para. 95, and Case of Cabrera García and Montiel Flores v. Mexico, supra note 45, para. 134. 64 Cf. Case of Juan Humberto Sánchez v. Honduras, supra note 47, para. 111, and Case of Cabrera García and Montiel Flores v. Mexico, supra note 45, para. 134. 65 Sworn statement of Mr. Fleury of July 27, 2002 (file of attachments to the application, tome I, folio 165). 66 Cf. Case of Nogueira de Carvalho et al. v. Brazil. Preliminary objections and merits. Judgment of November 28, 2006. Series C No. 161, para. 74, and Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008. Series C No. 192, para. 87. See also, Organization of American States, “Human Rights Defenders in the Americas: Support for the individuals, groups, and organization of civil society working to promote and protect human rights in the Americas,” AG/Res. 1671 (XXIX-0/99) of June 7, 1999; AG/Res. 1711 (XXX-O/00) of June 5, 2000, and AG/Res. 2412 (XXXVIII-O/08) of June 3, 2008; article 1 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms establishes that “[e]veryone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. United Nations, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, A/RES/53/144, 8 March 1999, article 1. See also, United Nations, Basic Principles on the Role of Lawyers, Eighth United Nations Congress on the Prevention of Crime and the Treatment of 22

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