91
e) Regarding the second criminal proceedings against Urcesino Ramírez-Rojas
209. The Court notes that, at present, new proceedings are being conducted against
Urcesino Ramírez-Rojas, pursuant to Legislative Decree No. 926 (supra para. 97(9)).
210. In the second proceedings against Urcesino Ramírez-Rojas, the order so that
pre-trial investigation proceedings be commenced in the ordinary jurisdiction was
amended to include the crime of membership in and affiliation with a terrorist
organization as defined in Article 322 of the Criminal Code of 1991 (supra para.
97(105)).
211. The Court has held that the State “must, in keeping with the general duty to
respect rights and adopt domestic provisions (Art. 1(1) and 2 of the Convention), take
the necessary steps to guarantee that violations such as those included in the […]
judgment do not occur again within its jurisdiction.”175
212. Along these lines, it is incumbent upon the State to ensure that the new
proceedings being conducted against Urcesino Ramírez-Rojas comply with the rule of
freedom from ex post facto laws enshrined in Article 9 of the American Convention,
including strict correlation between the type of conduct and the criminal definition.
XII
ARTICLE 5 OF THE AMERICAN CONVENTION
(RIGHT TO HUMANE TREATMENT)
IN RELATION TO ARTICLE 1(1) THEREOF
Arguments of the Commission
213. As regards the alleged violation of Article 5 of the Convention, the InterAmerican Commission has stated the following:
a)
“In view of the acknowledgement of responsibility made by the State
and the evidence produced in the proceeding before the Court, the Commission
considers that the State has violated Article 5 of the American Convention
regarding Article 1(1) thereof;”
b)
The facts related to the “physical and psychological abuse endured by
Wilson García-Asto while he was in custody at the DINCOTE facilities in 1995
[...] though they are [not] subsequent facts [...] they may be considered by the
Court as part of the facts which are the subject matter of the instant case;” and
175
Cf. Case of De la Cruz-Flores, supra note 4, para. 117; Case of Castillo-Petruzzi et al., supra note
152, para. 222; and Case of Suárez-Rosero, supra note 145, para. 106.
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