39
154. In its final arguments, the State did not refer to the issue (supra, paras. 67
and 68).
155.
Article 5 of the American Convention stipulates that
1.
Every person has the right to have his physical, mental, and moral integrity
respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be treated with respect
for the inherent dignity of the human person.
[…]
156. The Court considers that the violation of this Article should be examined from
two angles. First, whether or not Article 5.1 and 5.2 have been violated to the
detriment of the youths Contreras, Figueroa Túnchez, Juárez Cifuentes and Caal
Sandoval should be analyzed. Second, the Court should evaluate whether the
families of the victims were, themselves, subjected to cruel, inhuman and degrading
treatment.
157. In the instant case, there is considerable, concurring evidence that the
physical integrity of these four youths was violated and that, before they died, they
were victims of serious ill-treatment and physical and psychological torture by the
State agents and, more specifically, members of the National Police Force.
158. The bodies of the youths were found dead with signs of serious physical
violence that the State has been unable to explain. The file contains photographs of
the faces and necks of the bodies of the youths. Different injuries are very visible in
these photographs, including those made by the bullets that were the cause of death
and other signs of physical violence. The four autopsies mention the approximate
location of the shot wounds and, in two case, refer to other injuries that can be
clearly seen in the photographs, or are located in other parts of the bodies,
attributing them generically to “animal bites”. The size of the wounds is not
specified or their depth, the type of animal that could have produced them, or
whether they occurred before or after death. The autopsies of the other two youths
provide no explanation of the injuries to their bodies.
159. An Amnesty International report, included with the file (supra, para. 59.c),
which was not contested by the State, mentions that
the bodies presented signs of torture: the ears and tongues had been cut off, and the
eyes had been burned or extracted. Furthermore, it appears that some kind of burning
liquid had been thrown on the chest and chin of [Caal Sandoval]. According to the
Prosecutor-General’s office, the mutilations to which the four had been subjected
correspond to the treatment that the police usually use on those who inform against this
security force. The mutilation of the ears, eyes and tongue signifies that the person had
heard or seen or spoken of something inadvisable.
160. One of the expert witnesses who appeared before this Court (supra, para.
66.a) observed that there were no photographs of the whole body of any of the four
victims. Regarding the injuries to the eyes, the expert witness stated that, based on
what could be seen in the photographs, in all cases they were produced by the shots
received in the head; and, about the tongue of Clemente Figueroa Túnchez, the only