29 Antonio Bonilla, and Ricardo Ayala Abarca disappeared in circumstances with similar characteristics: in the context of the armed conflict, after “counterinsurgency” military operations had been carried out in which their family members either escaped or were assassinated, and with witness testimony in most of the cases that indicates that they were last seen with members of the armed forces, who appropriated them and decided what to do with them. In the case of Emelinda Lorena Hernández, while there is no specific information, the data available indicated that she was left by her parents at the home of a neighbor a few days before her disappearance, a home where soldiers entered and assassinated the members of the family. Since the body of Emelinda Lorena Hernández was not found in that place that was under the absolute control of state agents, and taking into consideration the recognition of the Salvadoran State, the Commission finds no reason to accord different treatment to the case of the child Emelinda Lorena Hernández. 159. The testimony and information that is a matter of public knowledge included in the section of facts proven suggest that the operations did not take place in the context of confrontations but with the aim of repressing, with great violence, groups of persons not involved in the conflict but considered “insurgents” by the security forces. The Commission concludes that José Adrián Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla, and Ricardo Ayala Abarca were deprived of liberty by military officials without any knowledge or information as to the whereabouts or fate of any of them. 160. The Commission considers that the foregoing information is sufficient to conclude that what happened to José Adrián Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla, and Ricardo Ayala Abarca should be characterized within the concept of forced disappearance of persons, which continues to this day. 161. Next and in keeping with its reiterated practice, the Commission shall determine the provisions of the American Convention that have been violated as a result of the victims’ forced disappearance. B. The rights to personal liberty, humane treatment, life, and recognition of juridical personality (Articles 7, 5, 4, and 3 of the Convention) 162. Article 7 of the American Convention, at the pertinent part, provides: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 163. Article 5 of the American Convention provides, at the pertinent part: 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. 164. Article 4 of the American Convention establishes, in part: 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.

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