2 II FACTS SET FORTH IN THE APPLICATION 2. In its application, the Inter-American Commission stated that on December 16, 1998, the date on which Mexico recognised the Court’s contentious competence, Mr. Alfonso Martín-del-Campo-Dodd (hereinafter “Alfonso Martín-del-Campo”, “Martín-del-Campo” or the “alleged victim”) was arbitrarily held in custody and continued to be held in such condition up to the time that the application was entered. The Commission indicated that the alleged victim “was illegally arrested on May 30, 1992, and subjected to torture by agents of the Judicial Police of Mexico’s Distrito Federal, to make him confess that he had committed the double homicide of both, his sister, Patricia Martín-del-Campo.Dodd, and his brother-in-law, Gerardo Zamudio-Aldaba.” The Commission stated that “said confession is the only element supporting the sentence to 50 years in prison imposed by Mexico’s Judicial Authorities.” 3. In like manner, the Inter-American Commission pointed out that, after Mexico’s recognition of the contentious jurisdiction of the Inter-American Court, the alleged victim, before the Mexican courts, claimed illegality of his detention, but that the remedies available had been “manifestly ineffective.” In this sense, the Commission stated that on April 5, 1999, Mr. Martín-del-Campo filed a recognitionof-innocence acknowledgement with the Superior Court of Distrito Federal “based on, among other unquestionable elements, a report issued by the office of the Internal Comptroller of the Attorney General’s Office of Mexico’s Distrito Federal itself, which established the responsibility for such illegal detention, and for the torture inflicted by one of the two policemen who took part in the cited events.” In this regard the Commission expressed that “the courts did not respond with due diligence to Mr. Alfonso Martín-del-Campo’s claim, or with such effectiveness as called for by the obligations prescribed by the American Convention;” that “the Judicial Authorities never started a thorough investigation to identify all the officers that inflicted the torture;” that “nobody has been trialed or punished judicially for such violations;” and that “the Mexican courts did not annul the confession obtained under torture, nor the judgment based on this serious occurrence, as required by the rules of the Inter-American human rights system.” 4. The Commission requested the Court to establish the State’s international liability and to declare that the latter violated articles 5 (Right to humane treatment), 7 (Right to personal liberty), 8 (Right to a fair trial) y 25 (Right to judicial protection) of the American Convention, and failed to comply with the provisions of Article 1(1) (Obligation to respect rights) of said covenant, to the detriment of Mr. Alfonso Martín-del-Campo. The Commission also requested the Court to declare the State liable for violation of articles 6, 8 and 10 of the Inter-American Convention to Prevent and Punish Torture (hereinafter “Inter-American Convention Against Torture) to the detriment of the alleged victim. III PROCEEDINGS WITH THE COMMISSION 5. On July 13, 1998, Mr. Alfonso Martín-del-Campo submitted a brief with several appendices to the Inter-American Commission, whereby he filed a petition against Mexico. In such petition Mr. Martín-del-Campo indicated the following: “on May 30, 1992, [his] sister and [his] brother-in-law were murdered by unidentified individuals at the home [of the former] in Mexico City. At the same time he was

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