27 91. Meanwhile, the Head of the Fraud Division of the Federal Police, who had the victim in his custody for the first six days of the latter’s detention, testified before the national judicial instances that, even though Juan Carlos Bayarri showed traces of having been beaten, he “had not been asked anything [in this regard], because, at that time, interest was focused on the investigation.”86 The investigation into the acts of torture was only initiated after the victims’ defense counsel had informed the court of the coercion used against Juan Carlos Bayarri (infra para. 112). 92. In light of the above, the Court must reiterate that, even when the application of torture or cruel, inhuman or degrading treatment has not been denounced before the competent authorities, whenever there are indications that it has occurred, the State must initiate, ex officio and immediately, an impartial, independent and meticulous investigation that allows the nature and origin of the injuries observed to be determined, those responsible to be identified, and their prosecution to commence.87 It is essential that the State act diligently to avoid the practice of torture, taking into account that the victim usually abstains from denouncing the facts because he is afraid. The judicial authorities have the duty to guarantee the rights of the person detained, which entails obtaining and ensuring the authenticity of any evidence that can prove acts of torture.88 The State must guarantee the independence of the medical and health care personnel responsible for examining and providing assistance to those who are detained so that they can freely carry out the necessary medical evaluations, respecting the norms established for the practice of their profession.89 93. In Bueno Alves v. Argentina, the Court emphasized that when there are allegations of torture or abuse, the time that elapses before the corresponding medical examinations are carried out is an essential factor in duly determining the existence of the harm, especially when there are no witnesses other than the perpetrators and the victims themselves and, consequently, probative elements may be very limited.90 94. In the instant case, the Court observes that the State authorities did not observe these provisions. The judicial authorities responsible for hearing the case did not order ex officio a meticulous investigation to ensure that the evidence, which would have permitted establishing what happened to Juan Carlos Bayarri, was obtained promptly and preserved. To the contrary, they obstructed the obtaining of such evidence (supra paras. 90 and 91). Argentine law clearly establishes the obligations of the judge of the case in this regard (supra para. 90). Consequently, and taking into consideration the State’s acknowledgement of the facts, the Inter-American Court concludes that the State did not investigate with due diligence the torture to which Juan Carlos Bayarri was subjected in violation of the right to humane treatment embodied in Article 5(1) and 5(2) of the American Convention, in 86 Cf. testimony of Vicente Luis Palo, Head of the Fraud Division of the Argentine Federal Police, rendered on June 16, 1992, before National Criminal Court of First Instance No. 13 of the Capital of the Argentine Republic (file of attachments to the pleadings and motions brief, folios 3443 to 3445), and decision of August 25, 2005, issued by Chamber VII of the National Criminal and Correctional Appeals Chamber of the Federal Capital (file of attachments to the application, attachment 4.7, folio 632). 87 Gutierrez Soler v. Colombia. Merits, reparations and costs. Judgment of September 12, 2005. Series C No. 132, para. 54; case of the Miguel Castro Castro Prison, para. 344; and case of Bueno Alves, supra note 70, para. 209. 88 Cf. Istanbul Protocol (Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment), principles included in para 76. 89 Cf. idem, principles included in paras. 56, 60, 65 and 66. 90 Case of Bueno Alves, supra note 70, para. 111.