the Istanbul Protocol.” In its final arguments, it added that the National Police
Commissioner, by means of Resolution No. 542 of September 16, 2009, created the
Department of Human Rights, which reports directly to the Commissioner’s office. The
department is responsible for training police personnel, which is “a core element of [the
Department’s] plan of operations,” as is “disseminating national and international
regulations to ensure respect for human rights.”
140. The Court views positively the State’s efforts regarding guarantees of nonrepetition and, in particular, the creation of the Department of Human Rights in 2009 to
promote, disseminate, protect and ensure respect for human rights, and train police
personnel in this area. However, the Court finds that the State has not shown that it
currently has a specific, regular, permanent training program on the prohibition of acts
of torture and cruel, inhuman or degrading treatment. Therefore, the Court deems it
necessary to order the State to design and implement a training program for security
forces, judges and prosecutors on inter-American standards governing the prohibition,
prevention and investigation of acts of torture and cruel, inhuman or degrading
treatment, also taking into account the standards developed by the Manual on the
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol). The program shall be integrated
into the training curriculum or study plans of the officials concerned. For five consecutive
years from the implementation of the training plan, the State shall also submit to the
Court an annual report detailing the actions that have been carried out.
E. Other measures requested: measure of rehabilitation
141. The Commission asked the Court to order the State to provide the necessary
physical and mental health care measures for Mr. López’s rehabilitation, “if he so wishes
and in a concerted manner.”
142. The representative did not present specific arguments in this regard.
143. The State argued that, as a member of the National Police, Mr. López receives free
psychological care, which is available at all times. It pointed out that that the “Rigoberto
Caballero” Police Hospital has a mental health service that assists active and retired
police personnel and their families. It also contended that the statements made
regarding Mr. López’s emotional stability were “very striking,” since police personnel are
constantly monitored by their senior officers who, on the recommendation of mental
health professionals, may arrange for staff to receive treatment with or without prejudice
to their duties, temporarily relieve them of their duties, re-assign them to administrative
rather than operational duties, or prohibit them from carrying weapons.
144. The Court notes that the Commission requested this measure of reparation if Mr.
López “so wished.” Since neither the representative nor Mr. López himself during the
public hearing held before this Court requested any type of rehabilitation measure, 216
the Court does not deem it necessary to order any such measure.
Mr. López stated that he had received psychological treatment from the provincial police and
psychological evaluations had been carried out at the Police Hospital. When asked by the State, he said that
“at no time [was he] prevented from […] receiving treatment.” Cf. Mr. López’s testimony at the public hearing
held during the 155th regular session.
216
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