creating obligations erga omnes.”87 For its part, the Inter-American Court has repeatedly held that international
human rights law strictly prohibits torture and cruel, inhuman, or degrading punishment or treatment. The
absolute prohibition of torture, both physical and psychological, is currently part of the domain of the
international jus cogens.88
69. According to the jurisprudence of the inter-American system, the following elements must be present for
an act to be considered torture: it must (i) be an intentional act committed by an agent of the State or with his
or her authorization or acquiescence; (ii) cause severe physical or mental suffering; and (iii) be committed with
a given purpose or aim.89
70. The Commission recalls that when torture is alleged, in many cases, such as this one, usually no mechanism
is available to the person to prove the acts of violence inflicted upon them. 90 In this regard, the Court has held:
[E]vidence obtained during the medical examination plays a crucial role during the investigations
conducted against detainees and in cases when the latter allege ill-treatment. In this regard, it is
extremely difficult for the victim to substantiate allegations of ill-treatment while in police custody, if he
was isolated from the exterior world, without access to doctors, lawyers, family or friends who could
provide support and gather the necessary evidence. Therefore, the judicial authorities have the duty to
ensure the rights of the detainee, and this entails obtaining and ensuring all the evidence that may prove
the acts of torture, including medical examinations. In addition, it is important to emphasize that, in cases
in which there are allegations of supposed torture or ill-treatment, the time that has passed before the
corresponding medical appraisals are made is determinant in order to conclude without doubt the
existence of the harm, especially when there are no witnesses other than the perpetrators and the
victims themselves and, consequently, the evidence may be very limited. This reveals that, for an
investigation into acts of torture to be effective, it must be conducted promptly.”91
71. In light of the above, when victims who have been deprived of their liberty allege that they have been
tortured, “the presumption exists that the State is responsible for any injuries revealed by a person who has
been in the custody of State agents” and “the State has the obligation to provide a satisfactory and convincing
explanation of what happened and disprove the arguments concerning its responsibility, with satisfactory
probative elements.”92 In the event of a complaint about the commission of a crime of this nature, under Articles
8 and 25 of the Convention, “the State has the obligation to commence immediately an effective investigation
that may allow the identification, the trial and the punishment of those liable, whenever there is an accusation
or well-grounded reason to believe that an act of torture has been committed.” 93 The State's obligation to
investigate possible acts of torture is reinforced by the provisions contained in Articles 1, 6 and, 8 of the InterAmerican Convention against Torture that oblige the States “to take effective measures to prevent and punish
torture within their jurisdiction.”94
72. In the present case, the Commission recapitulates that according to the consistent statement and
complaints presented by the alleged victim, after he arrived at the 11th Precinct he was subjected to various
beatings and mistreatment that included repeated blows to the soles of his feet over the course of several hours.
According to the dissenting opinion of one of the judges who heard the case, there is a victimology report
suggesting objective elements of torture based on the consequences thereof. In addition, the Commission notes
that, according to the available evidence, there are testimonies from other persons who also said that they were
IACHR, Report on Terrorism and Human Rights, October 22, 2002; and Report on the Situation of Human Rights of Asylum Seekers within
the Canadian Refugee Determination System, February 28, 2000, par. 118.
88 I/A Court H.R., Case of Bueno Alves v. Argentina, Merits, Reparations and Costs, Judgment of May 11, 2007, Series C. No. 164, par. 76.
89 IACHR, Report No. 5/96. Case 10.970, Merits, Raquel Martin Mejia, Peru, March 1, 1996, Section 3. See also I/A Court H.R., Case of Bueno
Alves v. Argentina, Merits, Reparations and Costs, Judgment of May 11, 2007, Series C. No. 164, par. 79.
90 IACHR, Report No. 82/13, Case 12.679, Merits, José Agapito Ruano Torres and Family, El Salvador, November 4, 2013, par. 162. I/A Court
H.R., Case of Cabrera García and Montiel Flores v. Mexico, Judgment of November 26, 2010. Series C. No. 220, par. 128.
91 Case of Valenzuela Avila v. Guatemala, Merits, Reparations and Costs, Judgment of October 11, 2019, Series C. No. 386, par. 184.
92 I/A Court H.R., Espinoza Gonzáles Judgment, par. 177.
93 I/A Court H.R., Case of Gutiérrez-Soler v. Colombia, Judgment of September 12, 2005, Series C. No. 132, par. 54; Ticona Estrada Judgment,
par. 94; Mendoza Judgment, par. 234.
94 I/A Court H.R., Case of Rodríguez Vera et al. (Persons Disappeared from the Palace of Justice) v. Colombia, Preliminary Objections, Merits,
Reparations, and Costs, Judgment of November 14, 2014, Series C. No. 287, par. 476.
87
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