18
not separated from the adults at the time of their arrest and they remained in
the police cells, which exposed them to damaging circumstances for the
minors, nor were measures adopted so that the children could have contact
with their next of kin or that a minor’s judge revise the legality of their arrest,
and v) by being detained in a clandestine manner the alleged victims were
deprived of their right to make use of a simple and effective recourse to
guarantee their liberty (habeas corpus), in violation of Article 7(6) of the
Convention;
b)
acknowledged the violation of Article 4 of the Convention, in detriment
of the four alleged victims, since their death was caused and the fact occurred
while they were under the custody of State agents;
c)
acknowledged the violation of Article 5 of the Convention, in detriment
of the four alleged victims, for the tortures and cruel, inhuman, and
degrading treatments to which they were submitted, as proven by physical
evidence at the time of the disinterment;
d)
acknowledged the violation of Articles 8 and 25 of the Convention,
since in the way in which the facts occurred it was not possible to provide the
four detainees who were later murdered with an effective protection through
the recourse of habeas corpus. With regard to the “pardon” allegedly granted
by the Police Judge Roxana Sierra, as has been argued by the State, what
happened was that there was “a bad use of the term” by the police officials;
e)
acknowledged that the results produced in the investigation have not
been up to now adequate and that, therefore, Articles 8 and 25 of the
Convention have been violated by omission, in detriment of the next of kin of
the alleged victims, but it rejected that the facts have not been investigated,
and
f)
it acknowledged having violated the rights mentioned, since “there has
still not been an adequate sanction for the perpetrators [of the] crime.”
56.
In its observations to the State’s acquiescence, the Commission indicated,
inter alia, that
a)
the controversy on the facts described in paragraphs 27 through 106 of
the application has ceased, as well as regarding the allegations made in this
sense by the representatives in their brief of pleadings and motions, with the
exception of the context in which the facts occurred described in paragraphs
23 through 26 of the application. In what refers to the facts not
acknowledged by the State regarding the alleged context of violence in which
they occurred, the Commission mentioned that the evidence provided in a
timely manner proves a context of violence and immunity, and that the
verification of the context is essential in qualifying the violations for which the
State has assumed responsibility and, especially, in defining the reparations
whose execution results imperative in order to guarantee the prevention of
similar violations;
b)
the State acknowledged the violation of the Articles of the Convention
argued by the Commission in its application, but presented some
considerations on the way in which, in its opinion, said violations occurred.
Therefore, the Commission considers that the facts and reasons in which the
State substantiates said acknowledgment do not correspond integrally to the
arguments presented by it. In that sense, the Commission mentioned that in
the present case a situation of impunity has presented itself, since more than
“nine” years after the facts occurred those responsible for the extra judicial