The Inter-American Human Rights Commission (IACHR) has approved new proceedings against the Bolivian state. This is the case of the torture and cruel, inhuman and degrading treatment of Ascencio Cruz Nina by the police. Cruz was a Mallku from the Sorata area when he was arbitrarily deprived of his liberty and initiated criminal proceedings that violated his procedural guarantees. The case was approved by the IACHR on June 3.
The information has been confirmed by Guido Ibargüen, CEO of Rights in Action, a group of lawyers committed to the exercise, respect and protection of human rights.
“The case is now with the Commission, there is already an admissibility report and Ascencio is demanding compensation from the state as the target responsible for the violation, that is, the Bolivian state that violated Ascencio Cruz’s rights,” he told the ANF agency With.
The judge who tried him did so without any legal basis and applied a rule that was no longer in force. During his six-month detention, he was beaten, exposed to the cold, and deprived of sleep, water, and food. “The degrading treatment he received from the police meant that he had to wash the wounds of his attackers with his urine due to a lack of water,” says the Rights in Action page.
El Mallku denounced the due process violations pending conviction and detention of the judge who abused him. As a result, Cruz initiated civil redress and obtained a positive judicial decision for the damage done to his economic activity during his indiscriminate persecution and detention.
“However, he has never achieved economic reparation because neither the judge who appointed it, nor the State Department or the Judicial Council managed to make it effective.”
Rights in Action noted that the ministry did not immediately investigate the acts of torture “when it was appointed to investigate it was barely aware of these facts”.
It was not until 2017, when Mallku Cruz’s petition was being processed by the IACHR, that the attorney general condemned the torture at the State Department, “with the sole intention, of course, that the Inter-American Commission would not later question the unfulfilled state.” Obligation to investigate facts of this relevance “.
However, “the State Department did not call Mallku to the investigation, and when her lawyers (before the IACHR) appeared at the prosecutor’s office to find out how the proceedings were going, they were not allowed to see the investigation record.”
Given the violation of compensation by the judge who detained him and the Bolivian state, which could not be held responsible, Cruz hopes for justice in international instances.
From 2001 to 2021, the Inter-American Human Rights Commission approved 27 cases, some of which have already reached the Inter-American Court of Justice and others are in the merits phase.
In the merits phase, the IACHR decides whether or not there were human rights violations in the analyzed case. The earnings phase ends with the approval of a “earnings report”. If the merit report comes to the conclusion that the matter constitutes human rights violations, it also contains recommendations to the state.