131
(b)
Impunity, which has consistently been defined by the bodies of the
Inter‐American human rights system as: an overall failure to investigate, pursue, arrest,
try and convict those responsible of human rights violations. It is a widely known and
proven fact that impunity fosters chronic repetition of human rights violations and total
defenselessness of victims and their family members. In this regard, the IACHR stresses
that the fact that the laws of the State severely punish acts of torture, does not constitute
per se sufficient guarantee to fulfill its international obligation to take effective measures
to punish said acts, if indeed the agencies of the aforementioned State in charge of
426
enforcing said law only do so partially or seldom. Acts of torture must be subject to
effective investigation, which lead to prosecution and punishment of the culprits.
(c)
The lack of funding, adequate equipment and the necessary technical
training of the security forces to perform their jobs. It is a fact that in many countries of
the region the police and security forces lack adequate means to perform their duties
effectively, and to yield the results that are demanded of them by civilian authorities. This
leads, in many instances, to police agents, who lack the means and training to gather
evidence, resorting to torture and cruel, inhuman and degrading treatment against the
detainees as a quick way to obtain confessions and information that can presumably lead
427
to solving crimes. In this way, an institutional mechanism is created wherein the most
important thing is to show results and offer up the culprits to society, in order to give the
impression that citizen security objectives are being met. In the final analysis, even though
the IACHR appreciates the imperative of an efficient police force, the standards of the
Inter‐American human rights system dictate that this purpose cannot and should not be
achieved at the expense of the rights of the accused in custody. 428
(d)
Repressive responses of the State —“iron fist” or “zero tolerance”
policies—to the widespread perception of public insecurity, which lead to constant
demand by the people for even more forceful and, often more repressive, measures
against crime. This climate of fear, in which the media and political discourse convey the
idea that human rights are a way of protecting criminals, can bring as a consequence a
certain social acceptance of torture and cruel, inhuman and degrading treatment. 429
426
IACHR, Report on the Situation of Human Rights in Mexico, Ch. IV, para. 327.
427
On this matter, see e.g., United Nations, Special Rapporteur on Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, Report on the mission to Paraguay, A/HRC/7/3/Add.3, adopted on October
1, 2007. Ch. III: Situation of torture and ill‐treatment, para. 61; and, United Nations, Special Rapporteur on Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report submitted pursuant to Commission on
Human Rights resolution 1995/37 (B), Addendum, Visit by the Special Rapporteur to Venezuela,
E/CN.4/1997/7/Add.3, adopted on December 13, 1996, para. 77.
428
IACHR, Report No. 81/07, Case 12.504, Merits, Daniel and Kornel Vaux, October 15, 2007, para. 64.
429
United Nations, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Report submitted pursuant to Commission on Human Rights resolution 2000/43, Addendum, Visit by
the Special Rapporteur to Brazil, E/CN.4/2001/66/Add.2, adopted on March 30, 2001, paras. 10 y 14; United
Nations, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report
submitted pursuant to Commission on Human Rights resolution 1997/38, Addendum, Visit by the Special
Rapporteur to México, E/CN.4/1998/38/Add.2, adopted on January 14, 1998, para. 77; United Nations, Special
Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Report submitted
pursuant to Commission on Human Rights resolution 1995/37 (B), Addendum, Visit by the Special Rapporteur to
Venezuela, E/CN.4/1997/7/Add.3, adopted on December 13, 1996, para. 83; United Nations, Working Group on
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