49 2. Obligation to investigate alleged acts of torture 126. The Court has pointed out that, according to article 1(1) of the American Convention, the obligation to guarantee the rights enshrined in articles 5(1) and 5(2) of the American Convention embodies the duty of the State to investigate possible acts of torture and other cruel, inhuman or degrading treatments.175 The duty to investigate is reinforced through the provisions of Articles 1, 6, and 8 of the Convention against Torture,176 which set forth that the State is bound to “take […] effective measures to prevent and punish torture within its jurisdiction,” and “prevent and punish […] other cruel, inhuman, or degrading treatment or punishment.” In addition, according to the provision of article 8 of that Convention, 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 [and] [i]f there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, […] 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. 127. This obligation to investigate is based on the facts previously analyzed (supra paras. 111 to 125). In fact, regarding the alleged pulling of the victims’ testicles, in their statements in the domestic criminal proceeding, both Mr. Cabrera Garcia and Mr. Montiel Flores indicated that military agents had pulled their interesting for the petitioner; therefore, the objectivity is substantially detracted from and therefore, so it is the reliability of the investigation presented.”.” 175 Cf. Case of Ximenes Lopez v. Brazil, Merits, Reparations and Costs. Judgment of July 4, 2006. Series C Nº. 149, para. 147; and Case of Bayarri v. Argentina, supra note 123, para. 88; Case of González et al (“Cotton Field”) v. Mexico, supra note 48, para. 246. 176 Article 1 of the Inter-American Convention to Prevent and Punish Torture provides that: The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention. Furthermore, article 6 provides that: In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction. 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. Moreover, article 8 provides 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. 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 that State.

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