indicated that an “essential aspect of the right to personal security is the absolute prohibition of torture, a peremptory rule of international law creating obligations erga omnes.”277 212. The Court has repeatedly asserted that “International Human Rights Law strictly prohibits torture and cruel, inhuman, or degrading punishment. The absolute prohibition of torture, both physical and psychological, is currently part of the domain of the international jus cogens.” 278 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.279 213. In the instant case, the parents contend that their son was “tortured” before he died. From the account and the documents provided in the case file, the Commission understands that, when viewing the body and photos taken prior to his burial, the victim’s parents themselves found evidence of “cigarette burns,” “beatings,” and a “dislocated shoulder.”280 According to the transcript from a radio interview of Edgar Ortiz, Mr. Ortiz stated that he did not know why the forensic autopsy had not mentioned a “series of bruises” on the body of Johan Alexis Ortiz.281 214. With regard to this analysis and the elements stemming from the proven facts, the Commission notes that none of the forensic medical reports issued by El Piñal Hospital or the autopsy by the Central Hospital of San Cristóbal refer to what the parents say they saw on the body. In this regard, in her declaration to the Office of the Prosecutor in 2004, Dr. Lucy Vega said she had not observed “any type of injury” other than the gunshot wounds. Only the autopsy report issued by the San Cristóbal medical examiner’s office reported the presence of an “extensive hematoma in the area around” the wound, located in the “right [illegible] clavicle area” and a “hematoma in the area” of the wound located in the right shoulder region (anterior axillar line).” The IACHR takes into account the fact that, as has been demonstrated, there were mistakes in the exhumation procedure, as well as major inconsistencies between these forensic medical reports, the statements of Dr. Lucy Vega and the pathologist, Ana Cecilia Bracho; a lack of clarity about the time it took to transfer the body from one hospital to the other; and even the fact that the time reported by the military authorities that Johan Alexis Ortiz had been wounded was the same as the time recorded on his admission to El Piñal Hospital. These elements are among the irregularities observed by the Commission, committed during a judicial proceeding that has not been conducted with the due guarantees. 215. The Commission furthermore reiterates that, primarily from the charging document issued by the Ministry of Public Prosecution in 2013, it is clear that in neither the military criminal proceeding nor the civil courts was any effort made to determine the reason for these inconsistencies or to issue a judicial determination to establish liability for these events. The State has also failed to furnish information on this specific allegation of torture, and the IACHR takes into account the fact that in cases like this one, the victim – 277 IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002. Citing. IACHR, Report on the Situation of Human Rights of Asylum Seekers within the Canadian Refugee Determination System, OEA/Ser.L/V/II.106, Doc. 40 rev., February 28, 2000, Par. 118. 278 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; I/A Court of HR, Case of Miguel Castro Castro Prison v. Peru. Merits, Reparations, and Costs. Judgment of November 25, 2006. Series C No. 160, Par. 271; and I/A Court H.R., Case of Baldeón García v. Peru. Merits, Reparations, and Costs. Judgment of April 6, 2006. Series C No. 147, Par. 117. 279 IACHR, Report No. 5/96, Case 10.970, Merits, Raquel Martin Mejía, Peru, March 1, 1996, Section 3. Analysis, and 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. 280 The book Las calaveras tienen lengua describes what was seen in the photographs of Johan Alexis’s body – that is, that it had “large hematomas on the neck, arms, and legs, clearly demonstrating that long before death [he was] tortured and savagely beaten […the body] also showed signs, though the doctors appeared to have missed them, of evident puncture wounds, as if someone had injected something.” Las calaveras tienen lengua. El asesinato de Johan Alexis, Estudiante de la GN, pg. 97. 281 Cited in Annex 21. Book Las calaveras tienen lengua. El asesinato de Johan Alexis, Estudiante de la GN, pp. 201-202.

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