3
condition of his wife, who was also serving as a police officer.
10.
That night he was transferred to the Marine Corps where there was another police officer,
who was the Police Superintendent, in order to confirm or deny what he was saying, so that he was again
blindfolded and forced to lie face down on the floor. The petitioner alleges that he heard them beating
the Superintendent and interrogating him about who had financed the coup. He also states that, under
the blindfold that covered his eyes, he noted that the Minister of the Interior at the time was present. At
about daybreak on the next day, he states they again took him to Police Station 11. Later, he states he
was transferred to the Police Special Forces Headquarters, where he was moved, without handcuffs on
his hands, to a room for officers, indicating that for a period of 15 days he was not examined or diagnosed
by any qualified physician.
11.
The petitioner states that 15 days after the alleged acts of torture he was visited by staff
from the International Red Cross and four days later by a judicial commission made up of a judge and a
forensic physician sent by the Supreme Court of Justice. He also states that due to newspaper reports
about his torture, in July 2000 he was visited by two prosecutors, an actuary, and a physician. He maintains
that when his report of torture was confirmed to these prosecutors, he was transferred to “four walls”
for a few days as punishment. The petitioner also reports that he was offered money to withdraw his
torture complaint on numerous occasions, which he states he was able to record and hand over to the
prosecutor’s office as evidence. Regarding his detention, at the time he filed this petition, the petitioner
indicated that he was sure that his case would be dismissed since he had not violated any legal standard.
12.
In the brief received on March 13, 2008, the petitioner states that the case against those
allegedly responsible for the acts of torture was inactive “due to deals between the accused and the
country’s judicial authorities.” He also states that “it is in [his] interest and in the interest of the other
victims of torture to press ahead with the documentation but they are entirely defenseless” and that the
accused “in addition to having political assistance have sufficient financial resources to obtain impunity.”
The petitioner attaches to his brief documents relating to the case on the offense of “bodily injury in the
performance of public duties,” among them the indictment and the request to open a trial. In the
communication dated January 11, 2012, the petitioner reported that the case has been pending a
preliminary hearing before the judge in the case since June 2009, but the process has been excessively
delayed due to motions submitted by the accused’s defense. He also stated that with the motions recently
resolved, the case should return to the first instance judge for the preliminary hearing, at which time a
decision should be made on whether the case will go to oral and public trial, as he has requested.
B.
Position of the State
13.
In its response to the petition, the State asked the IACHR to declare the petition
inadmissible, alleging a failure to exhaust the domestic remedies, in view of evidence received subsequent
to the petition. In addition, the State indicated that consideration should be given to the situation created
with the installation of the new government and that government’s formal commitment to respect
procedural deadlines and to prosecute the public officials responsible, in breach of conduct cases.
14.
In concrete terms, with respect to the failure to exhaust domestic remedies, the State
argues that the events that affected the alleged victim originated as a consequence of the “failed coup
d’état attempt of May 18, 2000,” in that various arrests and inquiries occurred after that event,
particularly with respect to police and military personnel. In that context, it states that, since Mr. Jorge
Luis López Sosa was a National Police officer and was at the Police Station that day, he was the subject of