83
The States Parties shall ensure that all acts of torture and attempts to
commit torture are offenses under their criminal law and shall make
such acts punishable by severe penalties that take into account their
serious nature.
The States Parties likewise shall take effective measures to prevent
and punish other cruel, inhuman or degrading treatment or
punishment within their jurisdiction.
[...]
8.
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.
Likewise, 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.
After all the domestic legal procedures of the respective State and the
corresponding appeals have been exhausted, the case may be
submitted to the international fora whose competence has been
recognized by the State.
218. This Court has had the occasion to apply the Inter-American Convention
against torture and to declare the responsibility of a State owing to its violation132.
219. In the instant case, it is the Court's responsibility to exercise its competence
to apply the Inter-American Convention against Torture, which entered into force on
February 28, 1987.
220. As has been shown, Bámaca Velásquez was submitted to torture while he was
secretly imprisoned in military installations (supra 121 i, l). Consequently, it is clear
that the State did not effectively prevent such acts and that, by not investigating
them, it failed to punish those responsible.
221. Article 8 of the Inter-American Convention against Torture expressly
embodies the State's obligation to proceed immediately de oficio in cases such as
this one. Therefore, the Court has stated that “in proceedings on human rights
violations, the State's defense cannot rest on the impossibility of the plaintiff to
obtain evidence that, in many cases, cannot be obtained without the State's
cooperation”133. However, in this case, the State did not act in accordance with these
provisions.
132
Cf. Cantoral Benavides Case, supra note 56, para. 185; Villagrán Morales et al. Case (the “Street
Children” Case), supra note 52, para. 249; and Paniagua Morales et al. Case, supra note 50, para. 136.
133
Cf. Cantoral Benavides Case, supra note 56, para. 189; Villagrán Morales et al. Case (the “Street
Children” Case), supra note 52, para. 251; Caso Gangaram Panday, supra note 86, para. 49; Godínez
Cruz Case, supra note 53, para. 141 and Velásquez Rodríguez Case, supra note 53, para. 135.
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