27
consideration regarding the alleged denial of justice to the detriment of Hugo Ticona
(supra para. 12). Nevertheless, afterwards, it challenged the affidavits rendered by
the relatives, in relation to “the investigations on the torture suffered by Hugo
Ticona, since it is irrelevant for the case at hand", and in the brief of final arguments,
it specified that "it considers that it is not part of the acknowledgement of
international responsibility […] the human rights violation for the alleged torture that
Hugo Ticona […] would have suffered” (supra para. 15).
93.
Based on the foregoing, in consideration of the arguments of the parties, this
Tribunal deems that the Court has no jurisdiction ratione temporis to examine the
alleged facts related to the alleged torture that Hugo Ticona would have suffered, as
well as the legal consequences resulting from said facts, inasmuch as these issues
have no bearing in this case and therefore, they have been excluded from the
purpose of the Commission’s petition (supra para. 2), which is not the case of the
alleged denial of justice committed against Hugo Ticona. As to the alleged violation
of Articles 8 and 25 of the Convention, the Tribunal shall now make a relevant
analysis on view of the fact that the denial of justice committed against Hugo Ticona
was alleged in the purpose and legal arguments of the petition and the
representative referred to such issue in the brief of requests and motions.
94.
The Court has established that in light of the obligation to guarantee
contained in Article 1(1) of the Convention (supra para. 78), once the authorities
have knowledge of the event, they must initiate a serious, impartial and effective
investigation, ex oficio and without delay.77 Especially, in serious cases against
humane treatment as happens with torture, the State has the duty to immediately
and on an ex officio basis, begin an effective investigation to identify, try, and punish
those responsible, when there is a complaint or there are grounds to believe that an
act of torture has been committed.78
95.
For the Court, the lack of state response is a determinative element when
evaluating whether a breach of Articles 8(1) and 25(1) of the American Convention
has occurred, because it is directly related to the principle of effectiveness that
should permeate the development of such an investigation.79 It is worth mentioning
that the obligation to investigate does not derive solely from the treaty norms of
International Law binding upon the States Parties, but also from the domestic
legislation that makes reference to the duty to investigate certain unlawful conducts.
The Court notes that the State authorities were bound to investigate on its own
77
Cf. Case of Maritza Urrutia v. Guatemala. Merits, reparations, and costs. Judgment of November
27, 2003. Series C. Nº 103, para. 119; Case of Heliodoro Portugal v. Panamá, supra note 13, para. 115;
and Case of Bayarri v. Argentina, supra note 16, para. 92.
78
Cf. Case of Tibi v. Ecuador. Preliminary Objections, Merits, reparations, and costs. Judgment of
September 7, 2004. Series C Nº 114, para. 159; Case of Escué Zapata v. Colombia. Merits, reparations,
and costs. Judgment of July 4, 2007. Series C Nº. 165, para. 74; and Case of Bayarri v. Argentina, supra
note 16, para. 88. Besides, the Inter-American Convention to Prevent and Punish Torture, establishes in
Article 8 that:
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.
79
Cf. Case of García Prieto et al. v. El Salvador, supra note 66. para 115; and Case of Heliodoro
Portugal V. Panamá, supra note 13, para. 157.