that the evidence provided, which was all the sentences of the previous instances, did not constitute facts or elements of evidence that occurred after the conviction. 51 81. According to the representatives, on September 9, 2004, Tirso Román Valenzuela filed an appeal for clemency before the Presidency of the Republic, in which he requested that his death sentence be commuted to the immediately lower sentence of 50 years. At the time of his death, according to the representatives, the aforementioned remedy had not been processed or resolved. C. Alleged torture and mistreatment, Mr. Valenzuela’s escapes and judicial proceedings carried out C.1. Detention on May 27, 1998 82. Mr. Valenzuela recounted that on May 27, 1998, after the raid on his home and his arrest, they put him in a vehicle and questioned him about various facts and about the death of a prosecutor, they beat him and suffocated him with rubber material, and they inserted a greased baton into his anus several times until he lost consciousness. Therefore, according to Mr. Valenzuela, he decided to accept his participation in the death of the aforementioned prosecutor.52 After his spontaneous declaration, the police agents transferred him at dawn to the Quetzaltenango Men's Preventive Detention Center. In addition, he stated that due to the state he was in, some inmates helped him to go to the bathroom and gave him painkillers. SMR and EMM, who were detained at the Quetzaltenango Men's Preventive Detention Center, stated that Mr. Valenzuela arrived badly beaten, defecated blood, needed help to move around, could not sit down, slept standing up and constantly complained of the multiple pains that he had.53 The State denies the alleged torture. C.2. First escape and recapture 83. On June 14, 1998, there was an escape of prisoners, among whom was Mr. Valenzuela.54 Until that moment no charges had been filed against him. 55 84. On April 10, 1999, Mr. Valenzuela was recaptured at the “Juan José Ortega” Hospital in Coatepeque.56 On April 16, 1999, he was transferred to the San Juan de Dios Hospital. He was then sent to the PNC private hospital located in the Detention Center, where he was hospitalized until April 21 of the same year. 57 From there they took him to the Preventive Resolution of the Criminal Chamber of the Supreme Court of Justice of July 5, 2004 (file of annexes to the Merits Report, annex 19, fs. 532 to 541). 52 Cf. Record of Trial 38-99 of October 11, 1999, supra, and psychological expert opinion rendered by Juan Cristóbal Aldana Alfaro, supra, and Report of the doctor Edna Karina Vaquerano Martínez, supra. 53 Cf. Record of Trial 38-99 of October 11, 1999, supra; statement made by Mr. SMR on July 13, 2004 (file of annexes to the Merits Report, annex 3, f. 118), and undated statement made by Mr. EMM (file of annexes to the Merits Report, annex 4, pages 120 to 121). 54 Cf. Record of Trial 38-99 of October 11, 1999, supra, and psychological expert report rendered by Juan Cristóbal Aldana Alfaro, supra, and note of August 2, 1999, of the Interim Judge of the Court of First Instance for Criminal, Drug-Trafficking and Environmental Crime (file of proceedings before the Commission, annex 3, f. 1556). 55 Cf. Brief of accusation and statement of opening of the trial of May 31, 1999, supra. 56 Cf. Judgment of the Sentencing Court of the Municipality of Coatepeque, Quetzaltenango of February 10, 2000 (file of proceedings before the Commission, annex 2, fs. 1346 to 1360); Official letter of April 15, 1999, from the Director of the “Juan José Ortega” National Hospital in Coatepeque to emergency physicians of the San Juan de Dios General Hospital, Guatemala (file of proceedings before the Commission, annex 18, f. 2208), and Certification of the Director of the “Juan José Ortega” National Hospital of Coatepeque on May 3, 2005 (file of proceedings before the Commission, annex 3, f. 2205). 57 Cf. Record of Trial 38-99 of October 11, 1999, supra; psychological expert opinion rendered by Juan Cristóbal Aldana Alfaro, supra, and Edna Karina Vaquerano Martínez's doctor's report, supra. 51 22