42
C.
Impact on the family of José Agapito Ruano Torres
180. Precedent set by the Court holds that the relatives of certain victims of human rights
violations can, in turn, be considered victims.215 Specifically, members of victims’ families can suffer
harm to their mental and moral integrity as a consequence of the particular situations faced by their
loved ones,216 and as a result of the subsequent actions or omissions of state authorities regarding these
facts.217 Thus, the failure to conduct a diligent investigation into the facts constitutes a source of
suffering and anguish for victims’ families.218
181. The Commission notes that both María Maribel Guevara de Ruano (his wife) and Oscar
Manuel Ruano Guevara (his son) witnessed the acts of torture that the police officers inflicted on Mr.
Ruano Torres during his arrest. In addition, due to the serious irregularities in Mr. Ruano Torres’s
criminal trial, as described in this report, he was arbitrarily deprived of his liberty for more than twelve
years and is currently on provisional release. Those factors have had an impact on his family members
and have prevented them from maintaining a close and direct relationship with Mr. Ruano Torres.
182. In her statements, María Maribel Guevara de Ruano said that during Mr. Ruano Torres’s
arrest, she was “crying while the police officers restrained her.”219 She also claimed that “she had not
forgotten that incident and that ever since that day, she had been sick.”220 She further stated that
whenever she went to visit Mr. Ruano, she began to cry. In turn, Oscar Manuel Ruano Guevara stated
that he had to assist his grandfather at work and also help clean the house, and so he had no time to
play. He said that “when [his] father is released, everything will be easier because he will help.”221 In
addition, Pedro Torres Hércules stated that the situation affected his family because he dedicated
himself full-time to proving Mr. Ruano Torres’s innocence, which “meant he was unable to perform [his]
duties as a father and husband.”222
183. The Commission finds that there was a significant impact on the family of Mr. Ruano
Torres on account of the acts of torture committed against during his arrest, and because of the prison
215
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. 112;
and I/A Court H. R., Case of Bueno Alves v. Argentina, Judgment of May 11, 2007, Series C No. 164, para. 102.
216
I/A Court H. R., Case of the Miguel Castro Castro Prison v. Peru, Judgment of November 25, 2006, Series C No. 160, para. 335; I/A
Court H. R., Case of Vargas Areco v. Paraguay, Judgment of September 26, 2006, Series C No. 155, para. 96; and I/A Court H. R., Case of Goiburú
et al. v. Paraguay, Judgment of September 22, 2006, Series C No. 153, para. 96.
217
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. 112;
and I/A Court H. R., Case of Vargas Areco v. Paraguay, Judgment of September 26, 2006, Series C No. 155, para. 96.
218
I/A Court H. R., Case of Valle Jaramillo et al. v. Colombia, Judgment of November 27, 2008, Series C No. 192, para. 102; I/A Court
H. R., Case of the La Rochela Massacre v. Colombia, Judgment of May 11, 2007, Series C No. 163, para. 195; I/A Court H. R., Case of Heliodoro
Portugal v. Panama, Judgment of August 12, 2008, Series C No. 186, para. 146; and I/A Court H. R., Case of García Prieto et al. v. El Salvador,
Judgment of November 20, 2007, Series C No. 168, para. 102.
219
Annex 4. Statement given by María Maribel Guevara de Ruano to the Salvadoran Commission on Human Rights, annex to the
petitioner’s comments of March 19, 2009.
220
Annex 4. Statement given by María Maribel Guevara de Ruano to the Salvadoran Commission on Human Rights, annex to the
petitioner’s comments of March 19, 2009.
221
Annex 5. Statement given by Oscar Manuel Ruano Guevara to the Salvadoran Commission on Human Rights, annex to the
petitioner’s comments of March 19, 2009.
222
Annex 7. Statement given by Pedro Torres Hércules to the Salvadoran Commission on Human Rights, annex to the petitioner’s
comments of March 19, 2009.