49
197. On the same date, on September 23, 1994, the autopsy of the body of Mr. Omeara
Miraval was performed, in which it was determined that the mechanism of death was a
"cerebral laceration," and that the cause of death was a “firearm projectile wound” (supra
para. 91). The description of the body made in the report indicated that Mr. Omeara Miraval’s
body did not show lesions in the mouth, nose and ears, neck, vertebral column, spinal cord,
thoracic cavity and abdominal cavity, and that in the eyes there was a “bilateral enucleation”,
and the wrists presented “grooves at the level of the hands”. No mention of other injuries was
made in that report.
198. The Court also notes that relatives of the alleged victim declared that Mr. Omeara
Miraval’s body had clear signs of torture. Jaime Antonio Omeara Miraval, brother of the alleged
victim, stated that “[Mr. Omeara Miraval] appeared with his nails removed, he appeared
without some teeth and he had all his teeth according to the autopsy performed on him, they
also tortured his testicles and poured acids on him, we knew that because the one who was
doing the lifting was telling us that.” Similarly, Fabiola Álvarez Solano testified before this
Court that the body of her husband "had many obvious signs of torture." 192
199. Accordingly, the Court considers that the reports related to the exhumation and
autopsy of Mr. Omeara Miraval’s body are not conclusive as evidence of physical mistreatment
that would allow it to prove that, during the time he was disappeared, he was subjected to
deliberate mistreatment, which caused severe physical and mental suffering, and which was
committed with a certain aim or purpose.193. This Court also notes that neither the Commission
nor the representatives contested the authenticity of said reports, and the evidence to the
contrary is the statement of the alleged victim's brother, Jaime Antonio Omeara Miraval, who
was present at the exhumation.
200. Thus, the Court concludes that the evidence submitted to it is not sufficient to prove
that Mr. Omeara Miraval, while he was detained before his execution, suffered mistreatment
that can be classified as acts of torture. The Court notes, however, that this conclusion is
independent of the one the State may reach in the corresponding investigation (infra para.
294).
C. Conclusion
201. Due to the partial acknowledgment by the State of its international responsibility for
the forced disappearance and subsequent execution of Manuel Guillermo Omeara Miraval, this
Court concludes that the State violated the rights to recognition of juridical personality, life,
humane treatment, and personal liberty enshrined in Articles 3, 4, 5 and 7 of the American
Convention, in relation to Article 1(1) of the Convention, to his detriment.
202. The Court additionally concludes that the State is not responsible for the violation of
Article 5(2) of the American Convention, in relation to Article 1(1) of the same instrument, for
the alleged acts of torture to which Mr. Omeara Miraval was allegedly subjected. while he was
disappeared.
Witness statement of Jaime Antonio Omeara Miraval of August 17, 2010, supra, and Statements of Fabiola
Álvarez Solano, Carmen Teresa Omeara Miraval, Noel Emiro Omeara Miraval, Ricaurte Omeara Miraval and Araminta
Omeara Miraval given by affidavit, supra.
193
Cf. Case of Bueno Alves v. Argentina. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C
No. 164, para. 79, and Case of Herrera Espinoza et al. v. Ecuador. Preliminary Exceptions, Merits, Reparations and
Costs. Judgment of September 1, 2016. Series C No. 316, para. 87.
192