27 consideration regarding the alleged denial of justice to the detriment of Hugo Ticona (supra para. 12). Nevertheless, afterwards, it challenged the affidavits rendered by the relatives, in relation to “the investigations on the torture suffered by Hugo Ticona, since it is irrelevant for the case at hand", and in the brief of final arguments, it specified that "it considers that it is not part of the acknowledgement of international responsibility […] the human rights violation for the alleged torture that Hugo Ticona […] would have suffered” (supra para. 15). 93. Based on the foregoing, in consideration of the arguments of the parties, this Tribunal deems that the Court has no jurisdiction ratione temporis to examine the alleged facts related to the alleged torture that Hugo Ticona would have suffered, as well as the legal consequences resulting from said facts, inasmuch as these issues have no bearing in this case and therefore, they have been excluded from the purpose of the Commission’s petition (supra para. 2), which is not the case of the alleged denial of justice committed against Hugo Ticona. As to the alleged violation of Articles 8 and 25 of the Convention, the Tribunal shall now make a relevant analysis on view of the fact that the denial of justice committed against Hugo Ticona was alleged in the purpose and legal arguments of the petition and the representative referred to such issue in the brief of requests and motions. 94. The Court has established that in light of the obligation to guarantee contained in Article 1(1) of the Convention (supra para. 78), once the authorities have knowledge of the event, they must initiate a serious, impartial and effective investigation, ex oficio and without delay.77 Especially, in serious cases against humane treatment as happens with torture, the State has the duty to immediately and on an ex officio basis, begin an effective investigation to identify, try, and punish those responsible, when there is a complaint or there are grounds to believe that an act of torture has been committed.78 95. For the Court, the lack of state response is a determinative element when evaluating whether a breach of Articles 8(1) and 25(1) of the American Convention has occurred, because it is directly related to the principle of effectiveness that should permeate the development of such an investigation.79 It is worth mentioning that the obligation to investigate does not derive solely from the treaty norms of International Law binding upon the States Parties, but also from the domestic legislation that makes reference to the duty to investigate certain unlawful conducts. The Court notes that the State authorities were bound to investigate on its own 77 Cf. Case of Maritza Urrutia v. Guatemala. Merits, reparations, and costs. Judgment of November 27, 2003. Series C. Nº 103, para. 119; Case of Heliodoro Portugal v. Panamá, supra note 13, para. 115; and Case of Bayarri v. Argentina, supra note 16, para. 92. 78 Cf. Case of Tibi v. Ecuador. Preliminary Objections, Merits, reparations, and costs. Judgment of September 7, 2004. Series C Nº 114, para. 159; Case of Escué Zapata v. Colombia. Merits, reparations, and costs. Judgment of July 4, 2007. Series C Nº. 165, para. 74; and Case of Bayarri v. Argentina, supra note 16, para. 88. Besides, the Inter-American Convention to Prevent and Punish Torture, establishes in Article 8 that: The States Parties shall 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. […]” Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. 79 Cf. Case of García Prieto et al. v. El Salvador, supra note 66. para 115; and Case of Heliodoro Portugal V. Panamá, supra note 13, para. 157.

Seleccionar párrafo de destino3