prohibition to arbitrarily deprive a person of their life established in Articles 4.1
11
and 4.2 of the Convention.
23.
Concerning the death sentence, the petitioners said that the IACHR
should “decide on admissibility in favor of Mr. Ruiz Fuentes and in due course issue a
finding on merits fully consistent with the case of Ronald Ernesto Raxcacó Reyes,
following the doctrine established by the Inter-American Court of Human Rights.” 12
[12]
24.
Concerning the allegation of torture, on November 10, 2006, the
petitioners said that on August 6, 1997, when he was arrested in the course of an
operation to rescue the minor he was accused of kidnapping, Mr. Ruiz Fuentes suffered
a beating that required his hospitalization and subsequent surgery for injuries to his
intestine. They add that complaints of torture were filed during the public hearing, in
which they submitted medical reports of that surgery into evidence.
25.
With regard to the alleged summary execution, the petitioners
claimed that on October 21, 2005, Mr. Ruiz Fuentes escaped from his place of
confinement together with other inmates. They say that in order to recapture them,
the State launched an operation called “Plan Gavilán,” in the course of which Mr. Ruiz
Fuentes was executed on November 14, 2005.
26.
They contend that in the processing of the provisional measures by
the Inter-American Court, the State presented various versions of the circumstances
surrounding the death of Mr. Ruíz Fuentes, initially telling the Court that he was killed
in a confrontation with security forces during his recapture 13 and subsequently saying
that private armed parties executed him as part of a personal vendetta.
27.
They add that in the framework of the recapture plan, of the 19
persons who escaped on October 21, 2005, three reportedly remain at large, nine were
recaptured, and seven were killed by security forces.14
28.
Concerning the versions about the death of Mr. Ruiz Fuentes, the
petitioners say the official version given to the media on the day of the facts was
issued by the Vice Minister of Government and the head of the Criminal Investigation
Service (SIC), both of whom said Mr. Fuentes violently resisted arrest and was gunned
down by the police agents who tried to arrest him. In support of their brief they
attached news clippings in which journalists in various media said, for example: “the
fugitive Hugo Humberto Ruiz Fuentes was shot dead last night by agents of the Plan
Gavilán of the Criminal Investigation Service (SIC) after a chase in Barberena, Santa
Rosa, according to Vice Minister Enrique Godoy” 15 and “The head of the SIC, Víctor
Hugo Soto, said they had pursued the escapee for four days and found him last night.
When they ordered him to halt he pulled a weapon, leading to the aforementioned
result.”16.
11 I-A Court., Raxcacó Reyes Case. Judgment of September 15, 2005. Series C No. 133. Para. 82.
12 Communication of the petitioners received by the IACHR Executive Secretariat on November 10, 2006.
13 On the record of this version of the facts presented by the State to the Court see: “I-A Court, Provisional
Measures Raxcacó Reyes. Order of the Court of July 4, 2006. Para 20.”
14 Observations of the petitioners received by the IACHR Executive Secretariat on March 27, 2007.
15 IACHR, Hugo Humberto Ruiz Fuentes – Petition 652/04, annexes: “El Periódico”, article of November 15,
2005, page 6.
16 IACHR, Hugo Humberto Ruiz Fuentes – Petition 652/04, annexes: “La Hora”, article of November 15,
2005, page 9.
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