42
99.
In the present case, the victims were detained collectively, illegally and
arbitrarily, submitted to torture and cruel, inhuman, and degrading treatments
during their detention. They were hit on the head with guns and chairs, accused of
being thieves” and they were isolated and tied up during their detention in the CORE
VII. While under state custody, and fulfilling the threats made by state agents, they
were murdered with fire weapons and cutting and thrusting weapons (supra paras.
79(5) through 79(31)). The minor Marco Antonio Servellón García was killed with
four shots from a fire weapon to his face and head. The minor Rony Alexis
Betancourth Vásquez received two shots from a fire weapon to the head, and four
blade wounds, three of which were located on his chest. Orlando Álvarez Ríos died as
a consequence of two shots from a fire weapon and his body presented signs that he
had been object of sexual violence prior to his death. Diomedes Obed García
Sánchez was killed by eight shots produced by a fire weapon, besides three blade
wounds, two of them made with a machete, one of which was so deep that it “almost
[…] cut off his head.” (supra para. 79(31)). The extreme cruelty with which the
victims were killed, depriving them of their life in a humiliating manner, the marks of
physical torture present in the four bodies, and the manner in which their bodies
were abandoned out in the open, were serious assaults against the right to life, to
humane treatment, and personal liberty.
100. In this regard, in the statement offered by Marvin Rafael Díaz in the Second
Criminal Peace Court on March 19, 1996, he stated that “lieutenant Alfaro […] said,
[‘]leave these separate for me[´], the four appeared dead on Sunday September 17,
[1995]; and he could observe that they were tied with some rope he had, and he
saw that DIOMEDES was crying[. They were] tied to a Plywood [(sic)], looking
towards the wall, […]. They were nervous, because they were afraid they were
going to be killed, since they had been warned and [they had been told] they
belonged to the MARA OF THE [POISON] and that they were out to get them.” (supra
para. 79(7)) On her part, Krisell Mahely Amador, the girlfriend of Diomedes Obed
García Sánchez, in her statement offered before the Special Human Rights
Prosecutor on October 11, 1995, stated that days before his death, the victim told
her “that they had already told him that they were going to kill him.” (supra para.
79(29))
101. Likewise, this Court points out the treatment received by the underage
victims. Rony Alexis Betancourth Vásquez indicated through signs to Carlos Yovanny
Arguijo Hernández, who had also been arrested on that same day, that he was going
to be killed, “that he was going to have his head cut off, since [Rony] took one of his
hands to his neck, making him understand […] and what was what he heard him say
‘if they kill me, they kill me…’ since [Rony] told [him] that they were saying that he
belonged to the mara of the poison.” (supra para. 79(15)).
102. Any form of exercise of public power that violates the rights acknowledged by
the Convention is illegal.66 The Court has stated that the States respond for the acts
of its agents, carried out under the protection of their official nature, and for the
omissions of the same, even when they act outside the limits of their competence or
in violation of their domestic legislation.67 The States must especially supervise that
66
Cfr. Case of Ximenes Lópes, supra note 3, para. 84; Case of the “Mapiripán Massacre”, supra
note 9, para. 108; and Case of the Gómez Paquiyauri Brothers, supra note 63, para. 72.
67
Cfr. Case of Ximenes Lopes, supra note 3, para. 84; Case of the Pueblo Bello Massacre, supra
note 7, para. 111; and Case of the “Mapiripán Massacre”, supra note 9, para. 108.