considering that it constituted an evident violation of Article 4(2) of the American Convention on Human Rights.38 44. Moreover, on June 1, 2000, the Guatemalan Congress replaced Decree No. 159 of 1892 by Legislative Decree No. 32/00,39 which established the power of the Executive to grant a pardon or commutation of the punishment and regulated the procedure to make this right effective. 40 B. Detention of Mr. Ruiz Fuentes and arguments concerning torture 45. On August 6, 1997, police superintendent V.S.D. and other officers from the Anti-kidnapping and Extortion Section of the National Civil Police (hereinafter “the National Police” or “the PNC”) and from the Rapid Response Force (FRI) arrested Mr. Ruiz Fuentes together with four other individuals during an operation to rescue a child who had been abducted the previous day. 41 The place, manner and time of the arrest are disputed. 46. According to Communication No. 4325-97 of the Criminal Investigations Department, the arrest occurred as a result of several telephone calls it had received indicating that the said individuals were possibly holding a ten-year old child who had been abducted. 42 The communication also indicated that, at 8.30 p.m., members of the Anti-kidnapping and Extortion Section of the National Police and of the Rapid Response Force went to the house and, as they proceeded to surround the house, Ronald Ernesto Raxcacó Reyes and Hugo Humberto Ruiz Fuentes yelled out “the police are coming” and scaled a wall that was around eight meters high, while Mr. Raxcacó Reyes was holding the child.43 After climbing the wall, they leapt down into a vacant lot, and were then arrested. 47. The communication also indicated that, following his arrest, Mr. Ruiz Fuentes “had numerous injuries,” and was therefore taken to Roosevelt Hospital where he was diagnosed with having suffered “polytrauma.”44 The judgment sentencing Mr. Ruiz Fuentes and another four co-defendants for the kidnapping of the child indicated that the injuries suffered by Mr. Ruiz Fuentes resulted from his jumping down from a wall, and stressed that Messrs. Raxcacó Reyes and Ruiz Fuentes, “on noting the presence of the National Civil Police, tried to escape jumping from the wall behind the house where they were caught, and arrested by officers of the National Civil Police who had cordoned off the area.”45 48. According to the medical report of December 9, 1997, prepared by Roosevelt Hospital specialists, Mr. Ruiz Fuentes was admitted to that hospital on August 6, 1997, due to “acute abdomen.”46 An exploratory laparotomy found signs of “hemoperitoneum” (that is, presence of blood in the peritoneal cavity), “multiple contusions and erosions of the mesentery of the small intestine,” “laceration of transverse mesocolon leaving the splenic flexure without a segment of more or less 15 38 39 1892. Cf. Judgment of the Constitutional Court of the Republic of Guatemala of October 24, 2018, File 5986-2016. Legislative Decree No. 159 issued by the National Legislative Assembly of the Republic of Guatemala, on April 20, 40 For further details, see Case of Raxcacó Reyes v. Guatemala, supra, para. 43.17. Cf. Communication No. 4325-97 issued by the Criminal Investigations Department of the National Police, of August 6, 1997 (evidence file, folio 5). 42 Cf. Communication No. 4325-97 issued by the Criminal Investigations Department of the National Police, of August 6, 1997 (evidence file, folio 5). 43 Cf. Communication No. 4325-97 issued by the Criminal Investigations Department of the National Police, of August 6, 1997 (evidence file, folio 5). See also, Judgment delivered by Guatemala’s Sixth Sentencing Court for Drug-trafficking and Environmental Crimes on May 14, 1999 (evidence file, folio 7341). 44 Cf. Communication No. 4325-97 issued by the Criminal Investigations Department of the National Police, of August 6, 1997 (evidence file, folio 5). 45 Cf. Judgment delivered by Guatemala’s Sixth Sentencing Court for Drug-trafficking and Environmental Crimes on May 14, 1999 (evidence file, folio 7341). 46 Acute abdomen refers to a serious medical emergency, characterized by signs and symptoms located in the abdominal cavity. See, Medical report No. 492-484 issued by Roosevelt Hospital on December 9, 1997 (evidence file, folio 15). 41 13