47
104. In the light of the aforementioned, and taking into account the admission by
the State (supra para.26), the Court considers that the latter violated the rights
enshrined in Articles 4(1) (Right to Life) and 5(1), 5(2) and 5(4) (Right to Humane
Treatment) of the American Convention, regarding Article 1(1) of same, in detriment
of the 37 victims listed in paragraph 60(26) of this Judgment, due to the
disproportionate use of force inflicted on them, to the detention conditions to which
they were subjected during their detention at Detention Center of Catia, and to the
absence of a classification of inmates under trial or already convicted prisoners.
Moreover, the Court deems that the State violated Article 5(1) of the Convention,
regarding Article 1(1) thereof, in detriment of the next of kin of the victims, who are
identified in paragraph 60(26) of this Judgment, for the pain they endured due to the
death of their beloved ones, aggravated by the failure of government authorities to
give them any information on the events occurred, and by the denial of justice,
(supra para. 60(36)).
IX
VIOLATION OF ARTICLES 8 (RIGHT TO A FAIR TRIAL)
AND 25 (RIGHT TO JUDICIAL PROTECTION) OF THE AMERICAN CONVENTION,
IN RELATION WITH ARTICLE 1(1) OF SAME
105.
Article 8(1) of the American Convention provides as follows:
Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by
law, in the substantiation of any accusation of a criminal nature made against him or for
the determination of his rights and obligations of a civil, labor, fiscal, or any other
nature.
106.
Article 25(1) of the Convention provides:
Everyone has the right to simple and prompt recourse, or any other effective recourse,
to a competent court or tribunal for protection against acts that violate his fundamental
rights recognized by the constitution or laws or the […] Convention, even though such
violation may have been committed by persons acting in the course of their official
duties.
107.
Article 1(1) of the Convention provides that
[T]he States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and
full exercise of those rights and freedoms, without any discrimination for reasons of
race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.
108. In the instant case, the State acknowledged that the events ocurred at the
Detention Center of Catia, and analyzed in this Judgment, had not been duly
investigated, that the security forces involved in such events had not cooperated
with the investigations, and that the procedure had been excessively delayed for
over 13 years. Moreover, the State also acknowledged that “by the time of the
events, the law allowed courts with special jurisdictions such as the military
jurisdiction to hear cases related to violation of human rights,” and that “during the
investigative stage of proceedings, access to the record of proceedings was legally
restricted for [the next of kin of] the victims.”
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