series of factors that caused him anxiety and fear before his death (supra para. 203),
and also to investigate presumed acts of torture.
270. In this regard, the Court has indicated that, pursuant to Article 1(1) of the
American Convention, the obligation to ensure the rights recognized in Article 5(1) and
5(2) of the American Convention entails the State’s duty to investigate possible acts of
torture or other cruel, inhuman or degrading treatment. This duty to investigate is
augmented by the provisions of Articles 1, 6 and 8 of the Convention against Torture,
which obliges the State “to take […] effective measures to prevent and punish torture
within the sphere of its jurisdiction,” and also “to prevent and punish […] other cruel,
inhuman or degrading treatment or punishment.” In addition, in accordance with Article
8 of this Convention, States Parties guarantee: “[…] that any person making an
accusation of having been subjected to torture within their jurisdiction shall have the
right to an impartial examination of his case[, and] if there is an accusation or wellfounded reason to believe that an act of torture has been committed within their
jurisdiction, […] their respective authorities will proceed ex officio and immediately to
conduct an investigation into the case and to initiate, whenever appropriate, the
corresponding criminal proceedings.” 360
271. Furthermore, the Court observes that the investigation of a death in detention may
reveal that it is directly or indirectly linked to a pattern or practice. In such situations,
the investigation must examine the possible root causes in order to prevent this type of
incident. In this regard, States must record essential information concerning persons in
custody, including: (a) the time and place of their arrest; (b) the state of their health
upon arrival at the place of detention; (c) the names of the persons responsible for
holding them in custody, or at the time, and (d) the place of their interrogation. All of
this must be recorded and made available for judicial or administrative proceedings. 361
272. In particular, the Court notes that the autopsy revealed a series of injuries (supra
para. 200) that the authorities were aware of, and they also knew of the danger that the
detainee faced. However, the evidence provided by the State does not show that a
forensic examination was performed to verify the health of Eduardo Landaeta when he
entered the police station. On May 21, 2001, the presumed victim’s father, through his
legal representative, asked the prosecutor for the Criminal Procedural Regime of the
Judicial Circuit of the state of Aragua to investigate the possible acts of torture, which
could have been ordered and witnessed by agents of the Public Order and Security Corps
of the state of Aragua. 362
273. The Court notes that, despite this situation, the State failed to conduct any
investigation ex officio to determine the origin of the said injuries or who caused
them, 363 even though the authorities were aware of them and also knew of the danger
that the detainee faced. 364 After these facts had been reported on May 21, 2001, the
360
Cf. Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 147 and Case of
García Cruz and Sánchez Silvestre v. Mexico. Merits, reparations and costs. Judgment of November 26, 2013.
Series C No. 273, para. 55 and 69 to 71.
361
Cf. ICRC, Guidelines for Investigating Deaths in Custody, p. 21, Case of Chaparro Álvarez and Lapo
Íñiguez, supra, para. 53 and Case of J., supra, para. 152.
362
Cf. Undated brief requesting judicial measures presented by the legal representative of Ignacio Landaeta
Muñoz (annexes to the answering brief, folio 7550).
363
The evidence provided by the State reveals that, when Samuel Uzcátegui’s testimony was being taken,
in answer to the question regarding Eduardo Landaeta’s condition at the time of one of the transfers, he stated
that he was in perfect health. However, the question was isolated and in general, and not in the context of
investigations into the presumed acts against the integrity of Eduardo Landaeta in the custody of the State. Cf.
Testimony of Samuel Uzcátegui before the Prosecutor of the Transitory Procedural Regime of the state of
Aragua of October 2, 2006 (annexes to the answering brief, folio 7914).
364
Cf. Testimony of Ignacio Landaeta Muñoz of February 13, 2004 (annexes to the answering brief, folios
7378 and 7379), and Testimony of María Magdalena Mejías of February 16, 2004 (annexes to the answering
brief, folios 7382 and 7383).
77