corroborated by the statement by Mr. Ruiz Fuentes’ sister who indicated that, when Mr. Ruiz Fuentes was in the hospital “the police told us not to file a report because they would not do anything; to the contrary, worse things would happen to my brother in the prison.”159 128. Consequently, the Court finds it proved that Mr. Ruiz Fuentes suffered serious injuries in the context of his arrest; that is, while he was in the State’s custody. 129. That said, the Court must now determine whether the said acts constituted torture. In light of Article 5(2) of the American Convention and in keeping with the case law of this Court, an act constitutes torture when the ill-treatment: (i) is intentional; (ii) causes severe physical or mental suffering, and (iii) is committed with an objective or purpose.160 130. In the instant case, it has been established that Mr. Ruiz Fuentes was subjected to numerous beatings over several hours in order to obtain information about other kidnappings. This has been corroborated both by the statement of Mr. Ruiz Fuentes himself,161 and by the detailed and coherent account provided by his sister.162 In other words, the blows inflicted on Mr. Ruiz Fuentes were perpetrated intentionally and continued over time in order to obtain specific information. 131. In addition, based on the evidence provided, the Court finds that the seriousness and intensity of the severe physical ill-treatment suffered by Mr. Ruiz Fuentes has been proved. Owing to the severity of his injuries, Mr. Ruiz Fuentes had to undergo emergency surgery to perform a “resection of a segment of the transverse colon and loop colostomy.”163 The Court also notes that he remained in hospital for thirteen days,164 and had to use a colostomy bag for seven months.165 Furthermore, the Court has received the statement of A.M.V., Mr. Ruiz Fuentes’ partner, who stated, during the public hearing held before the Court in this case, that the day she went to visit him in hospital, she noted: “He was in a very bad state, he had been badly beaten, so badly beaten that he had a big operation in his stomach; he had his intestines outside; his whole body had been badly beaten; his testicles were swollen; his shins were – he said that they tied him up with wire which cut into his skin – you could see the bone; he was in such a state that he didn’t speak, couldn’t talk. He was in a very bad state. I had to take care of him for twelve days, bathing him, feeding him, because he was in such a bad condition.”166 folios 8477 to 8480). 159 Cf. Affidavit made by Mr. Ruiz Fuentes’ sister on February 28. 2019 (evidence file, folio 8477). 160 Cf. Case of Bueno Alves v. Argentina. Merits, reparations and costs. Judgment of May 11, 2007. Series C No. 164, para. 79, and Case of Women Victims of Sexual Torture in Atenco v. Mexico, supra, para. 191. 161 Cf. Statement made by Mr. Ruiz Fuentes before the Eighth Trial Judge for Drug-trafficking and Environmental Crimes on April 29, 1998 (evidence file, folios 9 and 10). 162 According to her statement, following his arrest he was subjected to numerous beatings, “he lost consciousness, they hit him, and as he had no knowledge of what they were asking him, they continued to beat and torture him so that he would speak. Several hours later, they took him to a house […] so that he would identify someone who lived there, but as he did not know anyone they continued to beat him and they tied his feet and hands; they blindfolded him. Cf. Affidavit made by Mr. Ruiz Fuentes’ sister on February 28, 2019 (evidence file, folio 8476). 163 Cf. Report of the resident doctor of the Roosevelt Hospital Surgical Unit of January 20, 1998 (evidence file, folio 17). 164 That is, from his admittance on August 6, 1997, until he was discharged on August 18, 1997. Cf. Report of the resident doctor of the Roosevelt Hospital Surgical Unit of January 20, 1998 (evidence file, folio 17). 165 Cf. Statement made by Mr. Ruiz Fuentes before the Eighth Trial Judge for Drug-trafficking and Environmental Crimes on April 29, 1998 (evidence file, folio 11). 166 Cf. Private statement made by A.M.V. during the public hearing before the Inter-American Court on March 5, 2019. In this regard, Mr. Ruiz Fuentes’s sister stated that, in the context of his arrest, and having been subjected to an interrogation during which he was beaten many time, “a man surnamed Cojulun arrived and told [police superintendent] Soto that he should be taken to the hospital because he was dying.” She also indicated that “they took him to the hospital and the doctors told him that they would have to perform an emergency operation and when he woke up he felt very ill and his whole body hurt from all the blows the police had inflicted and all the kicks had ruptured his intestine and he defecated in the bags that had been attached to him in the hospital.” Cf. Affidavit made by Mr. Ruiz Fuentes’ sister, on February 28, 2019 (evidence file, folio 8476). In this regard, expert witness Carranza Izquierdo stated during the hearing held before this Court that the injuries were “mortal, according to the Istanbul Protocol.” Cf. Expert opinion provided by Guillermo Austreberto Carranza Izquierdo during the public hearing before the Inter-American Court on March 5, 2019. 32

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