40
Under the American Convention, States Parties have an obligation to provide
effective judicial remedies to victims of human rights violations (Art. 25), remedies
that must be substantiated in accordance with the rules of due process of law (Art.
8.1), all in keeping with the general obligation of such States to guarantee the free
and full exercise of the rights recognized by the Convention to all persons subject to
their jurisdiction (Art. 1.1).205
171. The Commission notes that, according to the established facts, a complaint was lodged
with the Disciplinary Investigation Unit of the National Civilian Police for the alleged mistreatment that
Mr. Ruano Torres suffered at the hands of the police officers during his arrest. The Commission further
notes that no disciplinary investigation was opened with respect to the police officers who participated
in his arrest.
172. On this point, the Court has ruled that state authorities, once they have been made
aware of a human rights violation, particularly one involving the right to humane treatment,206 have the
duty of initiating, without delay and on an ex officio basis, a serious, impartial, and effective
investigation,207 which must be completed within a reasonable time.208 In compliance with the duty of
conducting serious investigations into violations of the right to human treatment, states are obligated to
act, as of the very first procedures, with the utmost diligence.209
173. The Commission holds that after this complaint was filed, the State did not take any
steps to investigate whether Mr. Ruano Torres had indeed suffered acts of torture during his arrest. This
omission is made more serious by the statement in the police record that force was used on account of
Mr. Ruano Torres’s alleged refusal to be taken into custody. In addition, no investigation was conducted
to ascertain whether the lacerations and scars reported in Mr. Ruano Torres’s medical examination on
the day of his arrest were due to the alleged violence.
174. The IACHR notes that neither the National Civilian Police’s Disciplinary Investigation Unit
nor the judicial authorities ordered any medical examinations to investigate the torture claims. On the
contrary, the record shows that the first-instance court in Tonacatepeque opposed a fresh medical
examination of José Agapito Ruano Torres after he had reported the facts.
175. Thus, the only medical examination conducted took place on the day of his arrest, and
was performed by the Medical Services Unit of the National Civilian Police. In this regard, the
205
I/A Court H. R., Case of the Miguel Castro Castro Prison v. Peru, Judgment of November 25, 2006, Series C No. 160, para. 381; I/A
Court H. R., Case of Goiburú et al. v. Paraguay, Judgment of September 22, 2006, Series C No. 153, para. 110; I/A Court H. R., Case of Servellón
García et al. v. Honduras, Judgment of September 21, 2006, Series C No. 152, para. 147; and I/A Court H. R., Case of Ximenes Lopes v. Brazil,
Judgment of July 4, 2006, Series C No. 149, para. 175.
206
I/A Court H. R., Case of Cantoral Huamaní and García Santa Cruz v. Peru, Judgment of July 10, 2007, Series C No. 167, para. 100.
207
I/A Court H. R., Case of García Prieto et al. v. El Salvador, Judgment of November 20, 2007, Series C No. 168, para. 101; I/A Court
H. R., Case of the Gómez Paquiyauri Brothers v. Peru, Judgment of July 8, 2004, Series C No. 110, para. 146; I/A Court H. R., Case of Cantoral
Huamaní and García Santa Cruz v. Peru, Judgment of July 10, 2007, Series C No. 167, para. 130.
208
I/A Court H. R., Case of Bulacio v. Argentina, Judgment of September 18, 2003, Series C No. 100, para. 114; I/A Court H. R., Case of
the La Rochela Massacre v. Colombia, Judgment of May 11, 2007, Series C No. 163, para. 146; and I/A Court H. R., Case of the Miguel Castro
Castro Prison v. Peru, Judgment of November 25, 2006. Series C No. 160, para. 382.
209
I/A Court H. R., Case of Zambrano Vélez et al. v. Ecuador, Merits, Reparations, and Costs, Judgment of July 4, 2007, Series C No.
166, para. 121.