the Code of Criminal Procedure; (vii) to ratify the Inter-American Convention against All Forms
of Discrimination and Intolerance; (viii) to place informational leaflets or posters on the rights
of persons deprived of liberty in police stations; (ix) to adapt the definition of torture in article
321 of the Criminal Code to the definition contained in Article 2(1) of the Inter-American
Convention to Prevent and Punish Torture and Article 1 of the United Nations Convention
against Torture.
269. With regard to the first and second requests of the representatives, the Court considers
that they have no causal nexus with the violations determined in this case and, therefore,
does not find it necessary to order them. Regarding the request to amend the legal definition
of torture, the Court notes that the legal definition of torture now in force was not applied to
the facts of this case. The Court recalls that it is not its task to make a theoretical review of
norms that were not applied or that had no impact on the violations declared in a specific
case. Therefore, the Court considers that it is not appropriate to issue a ruling on this request
when ordering reparations in this case.313 Nevertheless, the Court recalls that when a State is
a party to an international treaty such as the American Convention, all its organs, including
its judges, are subject to that treaty, and this obliges them to ensure that the effects of the
provisions of the Convention are not impaired by the application of norms contrary to its object
and purpose. Judges and organs involved in the administration of justice at all levels are
obliged to exercise ex officio a “control of conventionality” between domestic laws and the
American Convention, evidently within their respective terms of reference and the
corresponding procedural rules. In this task, judges and organs involved in the administration
of justice should take into account not only this treaty, but also its interpretation by the InterAmerican Court, ultimate interpreter of the American Convention.314 Therefore, when applying
the new legal definition of torture,315 the domestic authorities are obliged to take into account
the interpretation of the American Convention made by the Inter-American Court in this and
other cases, including the possibility that torture may be committed for discriminatory
purposes.
270. Regarding the other measures requested by the Commission and the representatives,
the Court considers that the delivery of this judgment and the reparations ordered in this
chapter are sufficient and appropriate to redress the violations suffered by the victim.
Therefore, it does not find it necessary to order those additional measures, without prejudice
to the State deciding to adopt or grant them in the domestic sphere.
G.
Costs and expenses
Cf. Case of Genie Lacayo v. Nicaragua. Preliminary objections. Judgment of January 27, 1995. Series C No.
21, para. 50, and Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of October 5, 2015. Series C No. 302, para. 307.
313
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment
of September 26, 2006. Series C No. 154, para. 124, and Case of Colindres Schonenberg v. El Salvador. Merits,
reparations and costs, supra, para. 129.
314
The Court notes that the new legal definition does not includes specific purposes. According to expert witness
Víctor Manuel Cubas Villanueva, since “the new legislation does not specifically restrict the purposes of the crime of
torture, […] the purposes of this offense could be interpreted broadly by the agents of justice” and in accordance with
the State’s international obligations. The Court also notes that, in 2018, the Committee against Torture urged the
State to modify this definition “so that it expressly covers acts of torture committed for such purposes as obtaining
information or a confession from the victim or a third person, punishing the victim for an act that the victim or a third
person has committed or is suspected of having committed, or intimidating or coercing the victim or a third person,
or for any reason based on discrimination of any kind.” Cf. Affidavit of Victor Manuel Cubas Villanueva of August 12,
2019 (evidence file, folio 3488), and Committee against Torture, Concluding observations on the seventh periodic
report of Peru, CAT/C/PER/CO/7, December 18, 2018, paras. 10 and 11.
315
69