251. The Court has established that the minor, Eduardo Landaeta, was detained in an
unlawful and arbitrary manner by police agents, following which he died while in the
State’s custody; thus, the State violated his right to liberty and humane treatment and
the obligation to respect and to ensure the right to life (supra paras. 164, 196 and 203).
As a result of these events, the Court notes that an investigation was opened as well as
criminal proceedings against the three police agents who took part in the transfer of
Eduardo Landaeta. However the proceedings are still underway, at the oral trial stage
(supra paras. 117 and 212) and, at the present time, the facts have still not been
clarified. The Court has also verified that the State has not investigated the lawfulness of
the detention of Eduardo Landaeta, as well as the evidence that he was a victim of acts
of torture.
252. Consequently, and based on the arguments of the Commission and the parties, the
Court must establish whether the investigations and the criminal proceedings with
regard to the death of Eduardo Landaeta were conducted with due diligence and within a
reasonable time, and also analyze whether the absence of investigations into the
detention and presumed acts of torture gave rise to the State’s international
responsibility. In this regard, the Court will analyze: (a) the obligation to investigate the
death of a person in the State’s custody; (b) the existence of presumed irregularities and
omissions in the initial investigation procedures; (c) the existence of presumed
irregularities during the criminal proceedings, and the reasonable time, and (d) the
absence of investigations into the detention and the violation of personal integrity.
B.3.1 Obligation to investigate the death of a person in the custody of the State
253. As indicated by the Court’s case law, and in light of the State’s obligation to
investigate the death of a person who is in its custody, as in the instant case, the
corresponding authorities have the duty to investigate the events, by all available legal
means in order to determine the truth and obtain the prosecution and punishment, if this
is deemed pertinent, of all those responsible for the events, especially when State
agents are or could be involved. 320 The Court also reiterates its case law with regard to
the obligation to provide judicial protection, adding that, in cases involving children, the
obligation to combat impunity by all available legal means is increased. 321 In addition,
the Court has already indicated that the State has the obligation to provide an
immediate, satisfactory and convincing explanation for the death of any individual in its
custody (supra para. 183).
254. In addition to the guidelines established by this Court and the international
standards in cases of violent deaths 322 (supra para. 227), the Court finds it pertinent to
emphasize that, in the case of deaths in the custody of State agents, the measures
taken by the State must be guided by certain specific standards, inter alia: (i) an
investigation ex officio, 323 that is complete, 324 impartial and independent, 325 taking into
320
Cf. Case of Velásquez Rodríguez. Merits, para. 177, and Case of Mendoza et al., supra, para. 218.
321
Cf. Case of Servellón García et al., supra, para. 154 and Case of Veliz Franco et al., supra, para. 183.
322
Cf. Minnesota Protocol, supra. In other words, the State authorities who conduct an investigation into a
violent death must, at least: (i) identify the victim; (ii) recover and preserve evidentiary material related to the
death to aid in any potential prosecution of those responsible; (iii) identify possible witnesses and obtain
statements from them concerning the death; (iv) determine the cause, manner, location and time of death, as
well as any pattern or practice that may have brought about the death, and (v) distinguish between natural
death, accidental death, suicide and homicide. Cf. Case of Juan Humberto Sánchez, supra, para. 127 and Case
of Veliz Franco et al., supra, para. 191. Cf. ICRC, Guidelines for Investigating Deaths in Custody, supra, p. 13.
Regarding the identification of witnesses and taking their statements Cf. Case of Garibaldi, supra, para. 122.
323
Cf. Case of Velásquez Rodríguez. Merits, supra, para. 177, and Case of Veliz Franco et al., supra,
para.183.
324
Cf. Case of Heliodoro Portugal v. Panama. Preliminary objections, merits, reparations and costs.
Judgment of August 12, 2008. Series C No. 186, para. 146 and Case of Veliz Franco et al., supra, para. 250.
Cf. ICRC, Guidelines for Investigating Deaths in Custody, supra, pp. 13, 15 to 17 and 25.
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