Detention Centre and in September he was taken to the Maximum-Security Prison known as
“El Infiernito”. 58
C.3. Second Escape and recapture
85.
On June 17, 2001, a mass escape of 78 prisoners took place from the detention center
known as “El Infiernito”. That day, Mr. Valenzuela escaped along with other inmates and was
recaptured by state agents. Subsequently, Mr. Valenzuela was transferred to preventive
custody. In this regard, Mr. Valenzuela stated that on June 17 and 18, 2001, he had suffered
abuse.59 On this point, the State denies the alleged acts.
86.
According to a prisoner, PRA stated that after being recaptured, Mr. Valenzuela was
repeatedly taken from his cell by people dressed in civilian clothes and he came back more
and more beaten. He added that Mr. Valenzuela was physically ill, that he had bruises all over
his body and that in different conversations with him, he told him about the torture he had
suffered with cigarettes in a part of his neck and genitals and that they had previously
introduced an object (baton or stick) in his anus. 60
C.4. Proceedings carried out by Mr. Valenzuela and his defense in relation to the
alleged acts of violence
87.
Mr. Valenzuela reported the acts of violence perpetrated during his detention, in his
preliminary statement of June 8, 1998, 61 in his statement of October 11, 1999, 62 and also
referred to them in the appeal of 3 of November 1999 presented by his defense.63
88.
On July 11, 2001, Mr. Valenzuela filed a writ of habeas corpus against the Director of
the National Civil Police, the Head of the Criminal Investigation Service Department, and the
Director of the Preventive Center for Men in zone 18. In said appeal he also reported the abuse
he suffered on June 17, 2001. On July 30, 2001, the Third Chamber of the Court of Appeals
decided to declare the habeas corpus appeal inadmissible, based on the fact that in the case
there were no the legal assumptions for its origin, provided for in article 82 of the Law of
Protection, Personal Exhibition and Constitutionality.64
C.5. Third escape, death of Mr. Valenzuela and “Operation Gavilan”
Notification No. 24-99. Of. 2 of the Presiding Judge of the Criminal Sentencing Court of the department of
Quetzaltenango (file of proceedings before the Commission, annex 1, f. 937).
59
Cf. Psychological expert opinion rendered by Juan Cristóbal Aldana Alfaro, supra; Report of the doctor of
Edna Karina Vaquerano Martínez, supra, and habeas corpus remedy filed by Tirso Román Valenzuela Ávila before
the Third Chamber of the Court of Appeals on July 11, 2001 (file of annexes to the Merits Report, annex 7, fs 160 to
163).
60
Cf. Undated statement made by Mr. PRA (file of annexes to the Merits Report, annex 9, f. 168).
61
Cf. Report of the State of Guatemala to the Inter-American Commission on Human Rights, in relation to the
Tirso Román Valenzuela Ávila case of May 27, 2005 (file of proceedings before the Commission, fs. 3074 to 3083).
Said report indicates that Mr. Tirso Román Valenzuela Ávila gave his preliminary statement on June 8, 1998. This fact
is not disputed.
62
Cf. Record of Trial 38-99 of October 11, 1999, supra.
63
Special appeal remedy of November 3, 1999, supra.
64
Cf. Resolution of the Third Chamber of the Court of Appeals constituted as the Habeas Corpus Court of July
30, 2001 (file of annexes to the Merits Report, annex 8, fs. 165 to 166). Amparo Law, Habeas Corpus and
Constitutionality, Decree No. 1-86. As established in Article 82: “Right to Habeas Corpus. Anyone who is illegally
imprisoned, detained or restrained in any other way in the enjoyment of his individual freedom, threatened with the
loss of it, or suffers abuse, even when his imprisonment or detention is based on law, has the right to request his
immediate appearance before the courts of justice, either for the purpose of restoring or guaranteeing his liberty,
for the harassment to cease, or for the coercion to which he was subject to end.”
58
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