171. Indeed, the Court notes that, despite the severity of Mr. Ruiz Fuentes’ injuries when he was
admitted to Roosevelt Hospital after his arrest, the State did not open any type of investigation, ex
officio, to determine their origin. Moreover, it did not open any type of investigation when, on April
29, 1998, Mr. Ruiz Fuentes reported the facts before the Eighth Criminal Trial Judge, describing in
detail the ill-treatment to which he alleged he had been subjected. 209 The Court also notes that, in
the context of this statement, the defense lawyer expressly asked the judge to require an
investigation of the reported facts because they constituted torture. 210
172. Furthermore, no investigation of any type was opened following the statements made by both
Mr. Ruiz Fuentes and J.M.M.R on April 21, 1999, during the oral trial before the Sixth Criminal
Sentencing Court,211 at which time Mr. Ruiz Fuentes even provided a series of x-rays that verified
the serious injuries he had suffered. 212 The Court notes that, based solely on the statements of the
police officers who intervened in the capture of Mr. Ruiz Fuentes, the Sixth Criminal Sentencing Court
considered that their version was the valid one. 213
173. The Court also recalls that, in other cases, it has indicated that the obligation to investigate is
increased by the provisions of Articles 1, 6 and 8 of the ICPPT that obligate the State “to take effective
measures to prevent and punish torture within their jurisdiction,” and also “to prevent and punish
other cruel, inhuman, or degrading treatment or punishment.” In addition, according to Article 8 of
that convention, the States Parties “shall guarantee that any person making an accusation of having
been subjected to torture within their jurisdiction shall have the right to an impartial examination of
his case.” Also, “if there is an accusation or well-grounded reason to believe that an act of torture
has been committed within their jurisdiction, the States Parties shall guarantee that their respective
authorities will proceed properly and immediately to conduct an investigation into the case and to
initiate, whenever appropriate, the corresponding criminal process.” Accordingly, on several
occasions, the Court has considered that, when the duty to investigate acts of torture has not been
complied with, this also entails a violation of those articles of the ICPPT.214
174. Consequently, the Court concludes that the lack of a prompt investigation into such serious
facts reveals non-compliance with the State’s obligation to guarantee the right to personal integrity,
and also a denial of justice that constitutes a violation of Articles 8(1) and 25 of the Convention, in
relation to Article 1(1) thereof, and a failure to comply with the obligations assumed under Articles
1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Hugo
Humberto Ruiz Fuentes.
b.4
Investigation of the death of Mr. Ruiz Fuentes
175. The Court has consistently indicated that the duty to investigate is an obligation of means
rather than results that must be assumed by the State as its inherent legal obligation and not as a
mere formality preordained to be ineffective, or as a mere measure taken by private interests that
depends on the procedural initiative of the victims or their family members, or on their contribution
of probative elements. In addition, the investigation must be serious, objective and effective and
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 8 to 13).
210
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 12).
211
Cf. Record of hearing C-4-98. Statement of J.M.M.R. during the oral and public trial hearings before the Sixth
Sentencing Court for Drug-trafficking and Environmental Crimes on April 21, 1999 (evidence file, folios 1134 to 1208).
212
Cf. Record of hearing C-4-98. Statement made by Hugo Humberto Ruiz Fuentes during the oral and public trial hearings
before the Sixth Sentencing Court for Drug-trafficking and Environmental Crimes on April 21, 1999 (evidence file, folio 1143).
213
Cf. Judgment delivered by the Sixth Sentencing Court for Drug-trafficking and Environmental Crimes of Guatemala on
May 14, 1999 (evidence file, folios 7351 to 7363).
214
Cf. Case of Favela Nova Brasília v. Brazil, supra, para. 252, and Case of Villamizar Durán et al. v. Colombia, supra,
para. 185.
209
41
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