115
324.
Prisons are a closed environment in which persons deprived of their
liberty are under the absolute control of the State, and very often at the mercy of other
inmates. Therefore, it is possible that the death of an inmate, which might appear at first
sight to be a suicide, could have been caused intentionally by someone else. Accordingly,
the State must ensure that such acts are effectively investigated and that a ruling of suicide
is not used as a quick way to conceal deaths that were caused by something else. The
authorities responsible for the investigation of the death of a person in the custody of the
State must be independent from those implicated in the events; this means hierarchical or
366
institutional independence and also practical independence.
325.
The Inter‐American Commission on Human Rights reiterates that the
State has the duty to investigate sua sponte the death of any person that occurs in a center
of deprivation of liberty. 367 Therefore, the fact that evidence might initially suggests the
possibility of a suicide does not exempt the competent authorities from undertaking a
serious and impartial investigation in which all logical lines of inquiry are pursued in order
to establish if the inmate really did take his own life and, 368 even assuming he did, whether
the authorities were in any way responsible for a failure to prevent it. 369 When the State
does not discharge fully this duty to investigate, it violates the right of the victim's relatives
to an effective remedy to clarify the facts and determine the appropriate responsibilities
(Articles 8 and 25 of the American Convention). 370
366
IACHR, Report No. 54/07, Petition 4614‐02, Admissibility, Wilmer Antonio Gonzalez Rojas,
Nicaragua, July 24, 2007, para. 49; European Court of Human Rights, Case of Sergey Shevchenko v. Ukraine,
(Application no. 32478/02), Judgment of April 4, 2006, Second Section, para. 64.
367
In this regard, in cases of suicide while in custody, the European Court has held that the obligation
to effectively investigate “is not confined to cases where it has been established that the killing was caused by an
agent of the State. Nor is it decisive whether members of the deceased's family or others have lodged a formal
complaint about the killing with the competent investigation authority. The mere fact that the authorities were
informed of the killing by an individual gives rise ipso facto to an obligation […] to carry out an effective
investigation into the circumstances surrounding the death.” IACHR, Report No. 54/07, Petition 4614‐02,
Admissibility, Wilmer Antonio González Rojas, Nicaragua, July 24, 2007, para. 51; ECtHR, Uçar v. Turkey. Judgment
of 11 April 2006 (Second Section of the Court), para. 90.
368
In this regard, the Court has held that “[i]t is vital that the complexity of the matter, the context and
the circumstances in which it occurred and the patterns that explain its commission must be taken into account
when carrying out a due diligence in the investigative procedures.” I/A Court H.R. Case of Escué Zapata V.
Colombia. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 165. para. 106.
369
See in this regard, IACHR, Report No. 54/07, Petition 4614‐02, Admissibility, Wilmer Antonio
Gonzalez Rojas, Nicaragua, July 24, 2007, para. 51; European Court of Human Rights, Case of Trubnikov v. Rusia,
(Application no. 49790/99), Judgment of July 5, 2005, Second Section, para. 89.
370
IACHR, Report No. 172/10, Case 12.651, Merits, César Alberto Mendoza et al., Argentina, November
2, 2010, paras. 277‐282.
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