injuries were previous or concomitant to the death of the victims. Despite the above, the Commission
considers that the information provided by the petitioners, the description of the extent of the injuries
sustained by the victims and the sequence in which the events took place, are consistent with an arbitrary
detention, taken by force into a military truck. This followed by the fear to be executed as it indeed happened
with several shots to the front and back, is enough to consider that they were tortured, resulting in a violation
of their right to humane treatment enshrined in Article 5 of the Convention.
C. The rights to a fair trial275 and judicial protection276, the duty to adopt provisions of
domestic law277
194.
The Court has established that “as a result of the protection granted by Articles 8 and 25 of
the Convention, the States are obliged to provide effective judicial recourses to the victims of human rights
violations that must be substantiated according to the rules of due process of law.”278 It has also stated that:
From Article 8 of the Convention it is evident that the victims of human rights violations, or
their next of kin should have substantial possibilities to be heard and to act in the respective
proceedings, both to clarify the facts and punish those responsible, and to seek due
reparation.279
195.
In that regard, the Court has indicated that the next of kin of the alleged victims have the
right to expect, and the States the obligation to ensure, that what befell the alleged victims will be
investigated effectively by the State authorities; that proceedings will be filed against those allegedly
responsible for the unlawful acts; and, if applicable, the pertinent penalties will be imposed, and the losses
suffered by the next of kin repaired.280 According to the aforementioned, State authorities, once they learn on
a human rights violation, particularly related to the rights to life, humane treatment and personal liberty,281
275 Article 8(1) of the American Convention establishes 1. Every person has the right to a hearing, with due guarantees and
within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.
276 Article 25(1) of the American Convention establishes: 1. Everyone has the right to simple and prompt recourse, or any
other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the
constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
277 The Inter-American Court has stated that the general duty under Article 2 implies both, the elimination of any norms and
practices that in any way violate the guarantees provided under the Convention, and the promulgation of norms and the development of
practices conducive to effective observance of those guarantees. I/A Court H.R., Case of Castillo Petruzzi et al. v. Peru. Merits, Reparations
and Costs. Judgment of May 30, 1999. Series C No. 52, para 207; I/A Court H.R., Case of Reverón Trujillo v. Venezuela. Preliminary
Objection, Merits, Reparations, and Costs. Judgment of June 30, 2009. Series C No. 197, para. 60; and I/A Court H.R., Case of the “Las Dos
Erres” Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 24, 2009. Series C No. 211,
para. 122.
278 I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C No. 167, para. 124; I/A Court H.R., Case of the Rochela Massacre v. Colombia. Merits, Reparations
and Costs. Judgment of May 11, 2007. Series C No. 163, para. 145; I/A Court H.R., Case of the Miguel Castro Castro Prison v. Peru. Merits,
Reparations and Costs. Judgment of November 25, 2006. Series C No. 160, para. 381; and I/A Court H.R., Case of the Dismissed
Congressional Employees (Aguado - Alfaro et al.) v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of November
24, 2006. Series C No. 158, para. 106.
279 I/A Court H.R., Case of García Prieto et al. v. El Salvador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 20, 2007. Series C No. 168, para. 102; I/A Court H.R., Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala.
Merits. Judgment of November 19, 1999. Series C No. 63, para. 227; and I/A Court H.R., Case of Serrano Cruz Sisters v. El Salvador. Merits,
Reparations and Costs. Judgment of March 1, 2005. Series C No. 120, para. 63.
280 I/A Court H.R., Case of García Prieto et al. v. El Salvador. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 20, 2007. Series C No. 168, para. 103; I/A Court H.R., Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of
September 18, 2003. Series C No. 100, para. 114; and I/A Court H.R., Case of the Miguel Castro Castro Prison v. Peru. Merits, Reparations
and Costs. Judgment of November 25, 2006. Series C No. 160, para. 382.
281 I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 10, 2007. Series C No. 167, para. 100.