evidence asking it to provide a copy of the record of detentions (logbook) in which the
detention of one of these generals who, according to the Joint Board, supposedly resembled
Mr. González Medina would be recorded, which is an indication that, at the time, arrests
were made that were not recorded.
142. The Court observes that, when analyzing this case, to the previous context of political
tension and the surveillance of those who opposed or criticized the Government should be
added the apparently common practice of illegal detention and cruel, inhuman and degrading
treatment or torture by the State’s security forces at the time of the facts. Nongovernmental and international organizations reported and denounced the continued and
common practice of cruel, inhuman or degrading treatment and torture against detainees by
State security agents, as well as the routine perpetration of illegal detentions by the National
Police and military officials. 178 The State did not provide any evidence to refute this context.
In this regard, it should be underscored that, during a site visit made by the Inter-American
Commission in 1997, the Attorney General of the Republic recognized that the Police tortured
individuals who were being investigated. On that occasion, he was asked whether the Police
tortured detainees, and he responded, “yes, they are tortured and also beaten, and we have
to end this ….”; at the same time saying that instructions had been given to terminate this
practice. 179
143. In addition, the evidence provided by the State reveals how common the practice of
illegal detention was in the Dominican Republic at the time of the facts. In addition to the
detention of the Generals described supra (para. 141), the investigation reveals the search
of the home and the detention, without a court order, of a witness who testified before the
authorities in charge of the investigation (infra para. 157), without the State offering any
explanation in this regard or providing evidence to the contrary. 180
144. Therefore, contrary to the State’s arguments, the Court considers that, at the time of
the facts of this case, there was a context of political tension and surveillance of those who
opposed or criticized the Government, as well as a practice of illegal detention and cruel,
inhuman or degrading treatment and torture by security agencies that, although distinct
from the extremely repressive context of previous dictatorial governments, provide an
indication in relation to the presumed forced disappearance of Narciso González Medina.
178
Cf. Human Rights Watch report of January 1, 1993, entitled “Human Rights Watch World Report 1993Dominican Republic”, at: http://www.unhcr.org/refworld/docid/467fca64c.html (last consulted on February 27,
2012); Amnesty International report of March 27, 1992, entitled “Dominican Republic: Torture of Professor Felipe
de Jesús Medrano García, Amnesty International (1991)”, at: http://www.amnesty.org/es/library/asset/AMR27/
003/1992/es/3cb84734-edc6-11dd-a95b-fd9a617f028f/amr270031992es.html (last consulted on February 27,
2012); Amnesty International report No. UA 171/91 of May 17, 1991, entitled “Dominican Republic: Torture and
Ill-treatment/Death in Custody: Joubert Pierre”, at: http://www.amnesty.org/es/library/asset/AMR27/002/1991/
es/18dcdb6f-ee59-11dd-9381-bdd29f83d3a8/amr270021991es.html (last consulted on February 27, 2012); Report
submitted by the Special Rapporteur [on Torture] Nigel S. Rodley, to the Economic and Social Council on January
12, 1995, in conformity with Resolution 1992/32 of the Commission on Human Rights, Resolution E/CN.4/1995/34,
at: http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/e44b1a47d4f42862802566e3003bfd57?Opendocument (last
consulted on February 27, 2012); Amnesty International report No. AU 326/93 of September 15, 1993, entitled
“Dominican Republic: Ill-treatment: 24 Unnamed Prisoners”, at: http://www.amnesty.org/es/library/asset/AMR27
002/1993/es/e498160d-ecb9-11dd-85fd-99a1fce0c9ec/amr270021993es.html (last consulted on February 27,
2012); Amnesty International report of January 1, 1994, entitled ”Amnesty International Report 1994 – Dominican
Republic” at: http://www.unhcr.org/refworld/docid/3ae6a9efc.html (last consulted on February 27, 2012);
testimony given by witness Manuel Jesús de la Rosa Hidalgo on June 16, 2011, supra note 100, folio 1141, and
book “Yo fui del servicio secreto de la policía dominicana,” supra note 85, folio 4655.
179
Cf. OEA/Ser.L/V/II.104, supra note 87, para. 152, folios 3685 to 3690. Similarly, see newspaper article
entitled “El Procurador insiste en la DNCD ‘se tortura,’” published in Diario Hoy on December 31, 1996 (file of
attachments to the pleadings and motions brief, attachment 18, folio 5018).
180
Cf. Report of the Joint Board, supra note 109, folio 3852.
47
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