report, Wilfredo Quiñonez had been "killed" in combat and that a gun was found next to his body. The petitioners point out, however, to the testimonies of people in the area who said that three boys who were riding on bicycles were chased, beaten and detained by army officials in charge of detentions and conducting searches. 9. Based on the foregoing, the petitioners allege that during the night of September 3, 1995, Wilfredo Quiñónez Barcenas was captured by members of the National Army and illegally detained, and thus they sustain that the State violated Article 7 of the American Convention 2. 10. The petitioners allege that during his illegal detention, Wilfredo Quiñonez was defenseless in a situation that caused psychological distress amounting to torture 3. Additionally, they argue that the evidence in the criminal proceedings, such as body identification record, shows that the corpse of Wilfredo Quiñonez Barcenas presented obvious signs of torture. They argue that this confirms that Wilfredo Quiñonez did not die in combat but when he was detained by agents of the State. Consequently, they allege that the State violated Article 5 of the American Convention in conjunction with Article 1.1. They also contend that, based on the non-derogable right to personal integrity, Article 2 of the Inter American Convention to prevent and Punish Torture applies, which extends the framework of wound in the right hypochondrium region, lacerations(sic) in elbow and arm, it corrects in the forearm; laceration in the external side of the upper third of the right arm". Similarly, the criminal file page 239 which contains a record of the autopsy says: "We found abrasions on the right malar and left supra labial regions. An open burn wound with edges 9x3 cm. was also found in front facial region and upper left eyelid, which shows fracture of the frontal bone and rupture of left eyeball. Upon checking the damage caused by the nine gun shots received by the victim, it becomes clear that none of them caused the injuries earlier described; thus, it seems logical to believe – because there is no evidence to the contrary – that he was tortured while still living. The petitioners indicate that on the same day, around 4:00 PM, the bodies of José Gregorio Romero Reyes and Jorge Albeiro Ramírez were found near the airport, a few meters from a military base. Original petition received by the IACHR on February 23, 2006, page 2. 2 Original petition received at the IACHR on February 23, 2006, page 10. 3 The petitioners cite the following cases in the Inter-American Court of Human Rights to support this claim: Case of the Gómez Paquiyauri Brothers, paragraph 108; Case of Maritza Urrutia. Judgment of November 27, 2003. C Series No. 103, paragraphs 87 and 92; Case of Juan Humberto Sánchez. Judgment of June 7, 2003. C Series No.99, paragraph 96; and Cantoral Benavides Case. August of August 18, 2000. C Series No. 69, paragraph 102. Original petition received at the IACHR on February 23, 2006, page10.

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