[he] was subjected several times by some of the agents, [he] believe[d] that, considering
what is usual in those circumstances, the treatment was good despite the psychological
pressure. [He] believe[d] that the treatment was normal, if that can be called normal.” 579
The Court also underlines that, in confidential testimony received by the Truth Commission,
a Supreme Court employee who was with Orlando Quijano, stated that, in the Casa del
Florero “the situation was critical, because they told him that they had detained his wife, his
children and his whole family” while they threatened him in order to make him “tell the
truth.” The Truth Commission also underscored that “[w]hen referring to the type of
treatment received during the time he was detained illegally, the confidential informant
stated [that he] ‘was beaten as was normal in these procedures. Kicking is normal for
them; they kicked [him] in the shins. They used threatening language, especially against
[his] family. [He] was afraid, [… he] though [he] was going to die.’” 580
381. This Court recalls that the personal characteristics of a presumed victim of torture or
cruel, inhuman or degrading treatment must be taken into account when determining
whether their personal integrity was violated, because these characteristics may change the
individual’s perception of the reality and, consequently, increase the suffering and the
feeling of humiliation when they are subjected to certain types of treatment. 581 In this
regard, the Court emphasizes that several of Mr. Quijano’s statements reveal that he was
particularly frightened by what could happen to him, because he had recently reported in
his journal on a judgment of the Council of State in which the State had been convicted of
torture committed by military authorities. 582 Therefore, the Court finds that the fact that
other individuals have classified the treatment received as “good” or “normal” does not
disprove what Mr. Quijano has stated.
382. In addition, the Court notes that José Vicente Rubiano Galvis has testified before the
domestic authorities on three occasions, twice in 2008 before the Prosecution Service 583 and
once in 2009 before the 51st Criminal Court, 584 as well as in 2013 before this Court. 585
These statements consistently reveal the following: (i) he was detained at a military
checkpoint in the municipality of Zipaquirá, in the outskirts of Bogota, supposedly in
flagrante delicto owing to some weapons that were found in the bus by which he was
travelling; (ii) from this military checkpoint he was taken, together with other individuals, to
a station in Zipaquirá, where he was beaten and electric current was applied to his testicles
and abdomen to make him confess that they were transporting weapons in the bus and that
they were subversives; (iii) from the Zipaquirá station, they were taken to the Cavalry
School in Usaquén in Bogota, where they were again beaten to make them “confess,” and
(iv) then they were taken to the “stables,” where they were left until the following morning
579
Testimony of Orlando Arrechea of July 18, 2007, before the Prosecution Service (evidence file, folio 15218), and
Testimony of Orlando Arrechea of November 28, 1985, before the Special Commission (evidence file, folios 1221 and
1223).
580
Report of the Truth Commission (evidence file folios 180, 181 and 182)
581
Cf. Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 127, and Case of J. v.
Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No. 275, para.
263.
582
Cf. Affidavit made by Orlando Quijano on November 7, 2013 (evidence file, folios 35893 and 35894); Testimony
of Orlando Quijano of June 2, 2006, before the Prosecution Service (evidence file, folios 1264 to 1267), and Orlando
Quijano, “El Derecho del Derecho,” 1986 (evidence file, folio 15990).
583
Cf. Testimony of José Vicente Rubiano Galvis of May 15, 2007, before the Prosecution Service (evidence file,
folios 1283 and 1284), and Testimony of José Vicente Rubiano Galvis of August 22, 2007, before the Prosecution
Service (evidence file, folios 6789 and 6790).
584
Cf. Testimony of José Vicente Rubiano Galvis of June 2, 2009, before the 51st Criminal Court of the Bogota
Circuit (evidence file, folios 14656 and 14662).
585
Cf. Affidavit made by José Vicente Rubiano Galvis on November 5, 2013 (evidence file, folios 35620 to 35623).
132
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