34
f)
the violation of Mr. Alfonso Martín-del-Campo’s physical, mental and
moral integrity must be approached from the “continued effects” perspective.
The May 30, 1992, acts of which State police officials took advantage in order
to torture him were instantaneous, but the effects and consequences thereof
continue to prevail. In this sense it is of basic importance for the Court to
bear in mind the torture sequels which victimised and continue to victimise
Mr. Alfonso Martín-del-Campo, to the extent that they are direct
consequences of violations committed by State agents, prior to the
recognition of the Court’s contentious jurisdiction.” However, the effects that
torture may have on a person are matters that pertain to the essence of the
individual and the question of whether or not such sequels or effects are
directly attributable to the State can be determined only after having acquired
thorough knowledge of the case; and
g)
the acts being denounced in the instant case were perpetrated when
the American Convention and the Inter-American Convention to Prevent and
Punish Torture were positive law for the State and, therefore, “it had the
obligation to ensure enjoyment of the rights and liberties enshrined in both
instruments.”
Considerations of the Court
64.
In the first instance, the State entered the preliminary objection of lack of
jurisdiction ratione temporis of the Inter-American Court, for the Court not to take
into consideration events in the instant case that took place prior to the date on
which it recognised the Court’s contentious jurisdiction.
65.
The preliminary objection was entered by the State on the basis of the text of
its recognition of the Court’s contentious jurisdiction, which was submitted to the
Secretary General of the OAS on December 16, 1998, and which reads as follows:
1.
2.
3.
The United Mexican States recognise as binding in full right the contentious
jurisdiction of the Inter-American Court of Human Rights concerning cases
relative to interpretation or application of the American Convention on Human
Rights, in conformity with its Article 62(1), with the exception of cases related
to the application of Article 33 of the Constitution of the United Mexican States.
Acceptance of the contentious jurisdiction of the Inter-American Court of
Human Rights shall be applicable only to events or legal actions having
occurred after the date of deposit of this declaration, for which reason it shall
not have retroactive effects.
Acceptance of the contentious jurisdiction of the Inter-American Court of
Human Rights is of a general nature, and shall continue to be in force until one
year after the date on which the United Mexican States submit a notice
indicating that it has denounced it.
66.
This declaration was made by the State in consistency with Article 62 of the
American Convention, which establishes:
1.
2.
A State Party may, upon depositing its instrument of ratification or adherence
to this Convention, or at any subsequent time, declare that it recognizes as
binding, ipso facto, and not requiring special agreement, the jurisdiction of the
Court on all matters relating to the interpretation or application of this
Convention.
Such declaration may be made unconditionally, on the condition of reciprocity,
for a specified period, or for specific cases. It shall be presented to the