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who was also later identified by Juan Arrom; (iv) Héctor Lacognata affirmed that the wife of the
Minister of Labor, Silvio Ferreira, informed him that he was aware of the arrest of Juan Arrom and
that he and Anuncio Martí would be presented to the Public Prosecutor's Office; (v) according to
a press release, the Deputy Ombudsman, Héctor Raúl Marín Peralta, denounced that the
prosecutors […] knew about the clandestine detention of Juan Arrom and Anuncio Martí; (vi) the
journalist Aníbal Emery indicated that, during the release of Messrs. Arrom and Martí, they saw
deputy officer José David Schémbori, identified by Juan Arrom as one of his torturers [...]; (vii)
Juan Arrom's sisters identified José David Schémbori in the same context; (viii) Víctor Colmán and
Ana Rosa Samudio denounced that state agents […] broke into their house and told them that
they had detained Juan Arrom and Anuncio Martí; (ix) journalist Mónica Laneri stated that she
was informed that Juan Arrom had been detained but that Commissioner González Cuquejo denied
it on air, adding that she asked [prosecutor Velásquez] about the situation and he told her that
Martí's situation was 'very negotiable', and (x) the statements – with unduly investigated
retractions– by Esteban Centurión and Ángela Estefanía Salinas involving police officer Antonio
Gamarra.”
91. The representatives indicated that Juan Arrom Suhurt and Anuncio Martí saw and
recognized various state agents, some of whom were also seen by Luis Alfonso Resck, Aníbal
Emery, Cristina Arrom and María Auxiliadora Arrom. “Some of them also appear in the video and
photographs taken on the day of the rescue.” They added that, in the first days “they were taken
to a first house located in Villa Elisa, owned by the wife of the then Deputy Commissioner Saturnino
Antonio Gamarra,” then a second house where they stayed for a day and then a third house of
imprisonment “also in the city of Villa Elisa, owned by police commissioner Octavio Francisco
Flores.”
92. The State argued that “the participation of state agents has not been proven,” and that
there is no context or systematic pattern of disappearances in the instant case. Therefore, a
presumption cannot be used to the detriment of the State. It insisted that “from the evidence
contained in the four volumes of the judicial case file and thirteen volumes of the prosecutor’s
investigation file, it was correctly concluded that the accused had not participated in the
punishable acts investigated.”
B.
Considerations of the Court
93. In the present case, the representatives and the Commission argued that Juan Arrom Suhurt
and Anuncio Martí Méndez were detained, tortured, and forcibly disappeared by state agents
between January 17 and 30, 2002. For its part, the State indicated that the participation of state
authorities in such events has not been proven.
94. In order for a violation of the American Convention to be established, it is necessary that
the acts or omissions that generated said violation be attributable to the respondent State. These
acts or omissions can be of any power or organ of the State, regardless of its rank or hierarchy.129
Taking into account the existing controversy, the Court will proceed to examine whether these
alleged events can be attributed to the State and later, if necessary, it will determine if they
constituted violations of the American Convention and other alleged international treaties.
95. In cases such as this, where there is no direct evidence of state action, the Court has
emphasized that the use of circumstantial evidence, indicia, and presumptions is legitimate and
can be as the basis for a judgement, provided that consistent conclusions about the facts can be
Cf. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C No. 167, para. 79, and Case of López Soto et al. v. Venezuela. Merits,
Reparations and Costs. Judgment of September 26, 2018. Series C No. 362, para. 127.
129