53
proceeding conducted against Messrs. Cabrera and Montiel, the domestic courts
assessed and examined both the medical certificates and the expert opinions
undertaken in order to analyze the allegations of torture, the Court observes that
said proceeding had a purpose other than to investigate the alleged perpetrators of
these allegations since, at the same time, Messrs. Cabrera and Montiel were being
tried. Therefore, the fact that no autonomous investigation against the alleged
responsible was conducted before the ordinary courts prevented to dispelle of
doubts and to clarify the allegations of torture. Based on the foregoing, it is clear to
this Court that the State failed to comply with its duty to investigate ex officio the
human rights violations committed against Messrs. Cabrera and Montiel. In the
instant case, it was essential that the different domestic judicial courts ordered new
measures to clarify the relationship between the signs found on the victims’ bodies
and the facts they alleged to have suffered as torture.
132. Likewise, the Court considers that this obligation to investigate the alleged
acts of torture was even more relevant if the context that preceded the instant
case regarding the confessions and statement made under duress is considered as
well as the duties of strict due diligence that must operate in areas of high military
presence (supra paras. 86 to 89). In this respect, the United Nations Special
Rapporteur on Torture has pointed out that “generally speaking, not only judges
but also lawyers, the Public Prosecutor's Office and the Judicial Police itself are
overloaded with work, which may explain the tendency to rely on confessions as a
way of clearing up cases rapidly.”197 Moreover, the United Nations Special
Rapporteur sustained that “[…] in normal practice, there is broad discretion in the
application of the law and therefore a great risk exists that investigations will be
falsified, carried out using duress or recorded illegally, ignoring potentially key
evidence or taking into account other less important evidence that might slant the
investigation in such a way as to affect or benefit a particular person; evidence
may even be made intentionally to "disappear.”198
197
United Nations. Economic and Social Council. Report of the Special Rapporteur on Torture, Sir
Nigel Rodley. Visit to Mexico UN Doc (E/CNA/1998/38/Add.2), January 14, 1998, para. 43.
198
United Nations. Economic and Social Council. Report of the Special Rapporteur on Torture,
supra note 197, para. 64.
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