67. The Ballistics Section of the Public Prosecution Service conducted an appraisal to establish the full identification of the firearm that Mr. Ruiz Fuentes was holding in his hand. The appraisal report indicated that “the registration number [of the firearm] had been erased and, therefore, the Fry test had been performed allowing the recovery of the identification number 97321527.”87 According to information provided by a PNC Officer, the weapon belonged to officer E.R.C.C.88 The Finance and Logistics General Subdirectorate of the PNC General Directorate opened an administrative file against this officer.89 The case file contains no record of the final result of the investigation. 68. On October 27, 2016, during the procedure before the Commission, the State presented a report with information on the status of the investigations into the death of Mr. Ruiz Fuentes, indicating that, according to the information provided by the Public Prosecution Service’s Special Prosecution Office against Impunity (hereinafter “the FECI”), Mr. Ruiz Fuentes had been executed by members of the PNC “simulating an armed confrontation.”90 69. The State advised that the process was at the “investigation stage” by the FECI.91 VIII MERITS 70. In the instant case, the Court must examine the international responsibility of the State for the alleged violation of several rights of the Convention related to the imposition of the death penalty on Mr. Ruiz Fuentes, the alleged torture and cruel and inhuman treated he suffered, the subsequent death of Mr. Ruiz Fuentes, and the alleged violations of due process and the right to judicial protection in the criminal proceedings against him. The Court will now consider and decide on the merits of the dispute. To this end, it will examine: (i) the imposition of the death penalty on Mr. Ruiz Fuentes; (ii) the subsequent death of Mr. Ruiz Fuentes; (iii) the alleged torture suffered by Mr. Ruiz Fuentes at the time of his arrest on August 6, 1997; (iv) the alleged cruel, inhuman and degrading treatment because he was subjected to the phenomenon of the “death row”; (v) the alleged violation of the rights to judicial guarantees and judicial protection and, finally, (vi) the alleged violation of the right to personal integrity of Mr. Ruiz Fuentes’ sister. Cf. Report of the Ballistics Section of the Public Prosecution Service dated March 28, 2006 (evidence file, folio 335). Cf. Record No. 80-2005 prepared in police station No. 11 of the National Civil Police, dated November 7, 2005 (evidence file, folio 343). 89 Cf. Decision of the Finance and Logistics General Subdirectorate of the General Directorate of the National Civil Police of July 10, 2006 (evidence file, folio 343). 90 In particular, this report indicated: “Mr. H. Ruiz was captured on November 14, 2005, in the municipality of Mixco, Department of Guatemala, and as a result, one of those possibly implicated in the unlawful act, the Director General of the National Police [E.S.V.] was made aware of his recapture. Subsequently, Mr. H. Ruiz was transferred to the municipality of Barberena, Department of Santa Rosa, where he was executed that same day, simulating an armed confrontation with unknown persons. According to the official PNC report on the death of Mr. H. Ruiz, there was information that the deceased had been pursued by unknown individuals, with whom he had an armed confrontation which resulted in his death. However, […] the Ministry of the Interior paid the reward offered indicating that this was granted for information provided by several individuals that led to the discovery of Mr. H. Ruiz who, when the law enforcement agents tried to capture him, put up opposition and was gunned down […], a version that contradicts the police report. It should be noted that, according to witnesses, [V.S.D.] and the PNC Director General at the time, [E.S.V.,] were seen at the scene of the crime. […] In a ruling of August 14, 2008, issued by the Trial Court for Drug-trafficking and Environmental Crimes of the Department of Santa Rosa, Cuilapa, the arrest was ordered of [E.R.C.C.], accused of the crime of extrajudicial execution; however, to date this has not been carried out.” Cf. Report of the State of Guatemala to the Inter-American Commission on Human Rights in case 12,650 Hugo Humberto Ruiz Fuentes dated October 27, 2016 (evidence file, folios 2568 to 2570). 91 Cf. Report of the State of Guatemala to the Inter-American Commission on Human Rights in case 12,650 Hugo Humberto Ruiz Fuentes dated October 27, 2016 (evidence file, folio 2569). See also, the State’s response to a question posed by Judge Pérez Manrique concerning the information that the State had on the actual status of the investigation into the death of Mr. Ruiz Fuentes; it stated that “the process is at an intermediate stage and, therefore, it is not appropriate that the Court examine that case because the investigation has not yet concluded” (Cf. Statement provided by the State during the public hearing before the Inter-American Court on March 5, 2019). See also, newspaper article in “La Hora” entitled “Ejecuciones y Tortura: Jueza autoriza a sindicados presenciar entrevista a las víctimas” [Executions and torture; judge authorizes accused to be present at interviews with the victims] of December 11, 2018, available at: https://lahora.gt/ejecuciones-y-torturajueza-autoriza-a-sindicados-presenciar-entrevista-a-las-victimas/ 87 88 18