122. For its part, the Commission alleged that “there are several irregularities [in the
report of the commission of the General Inspectorate of the Navy], including the use of
torture and coercion against various persons who testified against Mr. Grijalva [, which]
was also not analyzed by the judge. Despite this […] full validity was given to these
statements and no action was taken in light of the standards related to the exclusionary
rule.” The Commission also emphasized that “the conviction was based exclusively on
the [aforementioned report], which was taken up by the prosecutor in the case, even
though […] one of its authors pointed out that the facts were not proven.” The foregoing
was contradicted by the State, which specifically denied that the conviction was based
exclusively on the report of the commission of the General Inspectorate of the Navy.
123. In view of these arguments, the Court must now determine whether the
statements against Mr. Grijalva, which were taken into account in the reports of SERINT
and later confirmed by the investigating commission of the General Inspectorate of the
Navy, were taken into consideration in the conviction, and whether they constitute a
violation of the presumption of innocence, the right to defense or the right to a fair trial.
124. For the Court, accepting or granting probative value to statements or
confessions obtained by coercion, which affect the coerced person or a third party,
constitutes a violation of the right to a fair trial. Similarly, the absolute nature of the
exclusionary rule is reflected in the prohibition against granting probative value not only
to evidence obtained directly by coercion, but also to evidence derived from such
action.109 Consequently, the Court considers that excluding evidence gathered or
derived from information obtained by coercion adequately guarantees the right to a fair
trial.110
125. In addition, the Court recalls that the rule of excluding all evidence obtained
under torture or through cruel or inhumane treatment has been recognized by several
international treaties and international bodies for the protection of human rights, which
consider that the exclusionary rule is intrinsic to the prohibition of such acts. Therefore,
the Court considers that this rule is absolute and irrevocable.111 Accordingly, the Court
has held that the annulment of procedural documents resulting from torture or cruel
treatment is an effective measure to halt the consequences of a violation of judicial
guarantees. The Court also deems it necessary to emphasize that the rule of exclusion
does not apply solely to cases where acts of torture or cruel treatment have been
committed.112
126. According to the CEV report entitled “Without Truth there is no Justice”, in
August 1991, two sergeants informed Mr. Grijalva of the possible responsibility of
Captain FM and other members of the Navy for the illegal and arbitrary detentions,
torture and murders of three persons. The CEV indicated that, in December 1991, Mr.
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations
and costs. Judgment of. Series C No. 220, para. 167, and Case of Montesinos Mejía v. Ecuador. Preliminary
objections, merits, reparations and costs, supra, para. 198.
110
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations
and costs, supra, para. 167.
111
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations
and costs, supra, para. 165, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits,
reparations and costs, supra, para. 196.
112
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations
and costs, supra, para. 166, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits,
reparations and costs, supra, para. 197.
109
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