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.