56 XIII VIOLATION OF ARTICLES 1, 6 AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE 239. In its application, the Commission alleged that the State had also violated Articles 1, 6 and 8 of the Convention against Torture, which “define more precisely and extensively the mechanisms of protection established in Article 5 of the American Convention”, to the detriment of Henry Giovanni Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito Josué Juárez Cifuentes. Furthermore, it added that, in violation of the provisions of the Convention against Torture, “an investigation was never initiated, nor were the perpetrators [of this crime] prosecuted or punished” although the State was fully and opportunely aware of the events through “[c]ompetent [national] authorities” who “examined and recovered the bodies from the site in the San Nicolás Woods”; and moreover, although “the Office of the Attorney-General had indicated that it was a relevant fact in the context of the [domestic] judicial investigation” for homicide. 240. Just as the State did not make any reference to the violation of Article 5 of the American Convention in its answer to the application, neither did it allude to the violation of Articles 1, 6 and 8 of the Convention against Torture, nor did it offer or contribute any type of evidence that would show that the corresponding complaints had been effectively investigated (supra, paras. 67 and 68). 241. In its final arguments, the Commission again emphasized the lack of an investigation into the torture and underscored that no measures had been taken that were adequate to the nature of the evidence that had been collected. Specifically, it mentioned that “complete autopsies” had not been performed, although this was “a faculty of the state”; that there were no “full-length photographs of the bodies” and that, although some photographs show clear signs of physical violence, this was not recorded or described in the corresponding reports. Likewise, the Commission believed that, in the context of the investigations into the five homicides, the identification of the two police agents by witnesses, together with the ballistic tests, should have allowed the domestic instance to conclude with certainty that police officer Néstor Fonseca López and former police officer Samuel Valdez Zúñiga were responsible for these deaths and by a logical assumption, for the acts of torture against Henry Giovanni Contreras, Federico Clemente Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito Josué Juárez Cifuentes. 242. Furthermore, the Commission cited various provisions that establish the obligation to investigate, prosecute and punish those responsible for the crime of torture, including: Articles 7 and 12 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment46; Articles 9 and 10 of the Declaration on the Protection of All Persons from Being Subjected to 46. Adopted and open to signature, ratification and adhesion by the General Assembly of the United Nations in its resolution 39/46, of 10 December 1984; entered into force on June 26, 1987. Guatemala is a party to this Convention since February 1990.

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