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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