resulting from the acts of the States responsible. 171 Thus, in accordance with the basic
principles of international law, in order to establish whether the State’s international
responsibility is entailed in a case submitted to its consideration, the Inter-American
Court must determine whether its agents have committed an act or omission, 172 which
it will proceed to do below.
95. The Court also notes that the Paraguayan State itself recognized in the proceedings
before the Commission, in a brief dated September 11, 2008, that the Public Prosecution
Service had concluded that “acts of torture had been carried out” against several
detainees, including the petitioner.” 173 The Court recalls that, according to international
practice, when a party to a litigation has adopted a specific attitude that adversely affects
its own position or benefits the position of the other party, under the estoppel principle,
it cannot then assume another position contrary to the first. 174
96. Without prejudice to the above, the Court will proceed to analyze the acts to which
Mr. López was subjected and consider whether they can be classified as torture pursuant
to its case law (supra paras. 91 to 93).
97. With respect to the intentional nature of the acts in question, the Court holds that
state agents carried them out deliberately and consciously.
98. With regard to the intensity of the physical or mental suffering endured, the body
of evidence shows that Mr. López was subjected to physical and psychological
punishments that were extremely intense and severe. When he was arrested, his hands
were tied, he was blindfolded, and they laid him down on the ground. Several officers
hit him on the soles of his feet numerous times. At the same time, Mr. López could hear
another detainee being beaten and moaning from the pain being inflicted. 175 Mr. López
was beaten throughout the morning. 176 These events were described not only by Mr.
López, 177 but by several other individuals who witnessed them. Police officer V.C.G. said
he was also held at the Specialized Group, where he saw Mr. López in “a terrible state,
having clearly received blows to the neck, back and soles of his feet.” 178 Intelligence
171
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 134, and Case of the Members of
the Chichupac Village and neighboring communities of the Municipality of Rabinal v. Guatemala. Preliminary
objections, merits, reparations and costs. Judgment of November 30, 2016. Series C No. 328, para. 138.
172
Cf. Case of Fernández Ortega et al. v. Mexico. Interpretation of the judgment on the preliminary
objection, merits, reparations and costs. Judgment of May 15, 2011. Series C No. 224, para. 32.
173
Cf. National Public Prosecutor’s Office, Memorandum No. 465/08, of August 27, 2008 (evidence file,
folio 665).
174
Cf. Case of Neira Alegría et al. v. Peru. Preliminary objections. Judgment of December 11, 1991.
Series C No. 13, para. 29, and Case of Mémoli v. Argentina. Preliminary objections, merits, reparations and
costs. Judgment of August 22, 2013. Series C No. 265, para. 34.
175
Cf. Statement of the accused [Jorge Luis López Sosa] pursuant to Article 84 of the Code of Criminal
Procedure, of December 12, 2000 (evidence file, folio 7); Public Prosecution Service’s indictment and summons
to trial, of June 11, 2001, Case 01-01-02-00001-2000-2606 (evidence file, folios 13 and 14), and Mr. López
Sosa’s testimony in the public hearing held during the 155th regular session.
176
Cf. Public Prosecution Service’s indictment and summons to trial of June 11, 2001, Case 01-01-0200001-2000-2626 (evidence file, folio 14), and Final Judgment No. 1 of the Collegiate Trial Court of the Judicial
District of Asunción, Case 01-01-02-01-2000-2606, “J.B.P., M.P., O.V., W.B., for infliction of bodily injury in
the performance of public duties and others,” of December 30 of 2019 (evidence file, folio 125).
177
Cf. Record of statement of the accused [Jorge Luis López Sosa] pursuant to Article 84 of the Code of
Criminal Procedure, of December 12, 2000 (evidence file, folio 7), and Mr. López Sosa’s testimony in the public
hearing held during the 155th regular session, where Mr. López Sosa said he was “…hit on the soles of my feet
… they later sent me to the back of the police station, my hands were still tied […] we checked our feet and
they were covered in bruises.”
178
Cf. Final Judgment No. 1 of the Collegiate Trial Court of the Judicial District of Asunción, Case 01-0102-01-2000-2606, “J.B.P., M.P., O.V., W.B., for infliction of bodily injury in the performance of public duties
and others,” of December 30, 2019 (evidence file, folios 216 to 218).
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