contrary to paragraphs 1 and 2 of [Article 5 of the Convention],” so that “it is evident that,
in a forced disappearance, every dimension of the personal integrity of the victim is
violated.”
181. The Court has also recognized that submitting those detained to official law
enforcement units, State agents, or individuals acting with their acquiescence or tolerance,
who commit acts of torture and murder with impunity represents, in itself, a breach of the
obligation to prevent violations to personal integrity and to life, even if it is not possible to
prove such violations in the specific case. 221
182. In this case, the Court finds that it has been proved that a practice existed of illegal
detention and cruel treatment or torture by security forces (supra paras. 142 to 144) in the
Dominican Republic at the time of the facts. In addition, the body of evidence reveals that:
(i) one of the witnesses who saw Narciso González Medina in the National Police declared
that he was “bathed in blood” “on his face and body,” and that he had been handed over to
agents of the National Police who were “known as ‘paleros’, in other words they beat
people” (supra paras. 155 and 157), and (ii) that Mr. González Medina suffered from
“refractory epilepsy,” which was very difficult to control, that caused him to have
convulsions every so often, and for which he had to take medication every day (supra para.
92). According to his doctor, Mr. González Medina was “a permanent candidate for an
epileptic fit, a condition brought on by not taking his medication, or by fever, trauma, or
great emotional tension, which could lead to his death owing to non-stop convulsive crises,
which facilitated cerebral hypoxia, constant crises, and death within hours.” 222 The same
doctor testified before the Review Chamber during the domestic judicial proceedings, that
“the individual who has crises tends to react when his is mistreated, […] and only urgent
attention for 48 hours can help him survive functionally; but many people die, even if they
receive attention in time; imagine being in prison; the prisoner would hurt himself owing to
an epileptic fit, because of his illness.” 223
183. The Court considers it reasonable to presume, based on the body of evidence, that
Mr. González Medina was subjected to physical and mental ill-treatment while he was in the
State’s custody, which was exacerbated by the fact that he suffered from epilepsy, since he
was probably prevented from accessing the medication he required. In addition, the Court
considers that, very possibly Mr. González Medina’s health deteriorated rapidly and fatally
owing to the lack of medical attention, as well as because of the anxiety resulting from a
situation such as that of forced disappearance, as explained by his neurologist (supra para.
182). In this regard, the Court notes that the refusal of the authorities to acknowledge the
said deprivation of liberty, and to provide information on the whereabouts or fate of the
victim, despite the steps taken by his family, placed him in a situation of extreme
vulnerability that exacerbated the suffering he endured and prevented Mr. González Medina
from receiving the support of his family and his neurologist when he was very probably
suffering a serious deterioration of his health. Several deponents before this Court indicated
that, when they began the search for Mr. González Medina, his family and friends feared
that his absence was related to a crisis related to his illness (supra para. 101). His wife, Luz
Altagracia Ramírez, declared before this Court that, when she went to the State agencies
221
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 18, para. 175, and Case of Contreras et
al. v. El Salvador, supra note 51, para. 85.
222
Report of Dr. Santiago Valenzuela Sosa, supra note 97, folio 3759.
223
Testimony given by Doctor Valenzuela, supra note 97, folio 1960.
60
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