13
VI
ARTICLE 3 (RIGHT TO JURIDICAL PERSONALITY),21 4 (RIGHT TO LIFE),22 5 (RIGHT TO
23
24
AND 7 (RIGHT TO PERSONAL LIBERTY)
OF THE AMERICAN
HUMANE TREATMENT),
CONVENTION ON HUMAN RIGHTS, IN RELATION TO ARTICLES 1(1) THEREIN, AS WELL AS
ARTICLES I25 AND XI26 OF THE INTER-AMERICAN CONVENTION ON FORCED
DISAPPEARANCE OF PERSONS
44.
In this chapter, the Court shall analyze the violation of the human rights
enshrined in the American Convention, as well as the alleged non-compliance with
IACFDP. In this sense, the Tribunal shall explain the context in which the facts of the
instant case occurred, as well as those facts that constituted the forced
disappearance of Renato Ticona, and then it shall specifically analyze the
corresponding Articles.
A) Context and forced disappearance of Renato Ticona
45.
The State has acknowledged that in 1980 the democratic process that it was
being instituted in Bolivia, was interrupted by a coup d' etat led by General Luis
García Meza, who established a regime of repression, in which military forces and
premilitary groups committed serious violations of human rights within a framework
of impunity that benefited the systematic practice of illegal detentions, tortures and
forced disappearance of people.
46.
On July 17, 1980, the Presidential Palace was taken by the military forces and
the acting Constitutional President, Mrs. Lidia Gueiler, was obliged to resign from
office. The headquarters of the Bolivian Workers’ Federation, where CONADE
[National Committee for the Defense of Democracy] had regular meetings, was
attacked and its leaders “imprisoned”. The Socialist Party’s presidential candidate,
Marcelo Quiroga Santa Cruz, was executed at the hands of government agents and
“[t]he communication media [were] taken over, looted, and in some cases,
destroyed and completely controlled”. The political organization of the State was
substantially modified in the hands of the Armed Forces through the Governing Junta
21
Article 3
Every person has the right to recognition as a person before the law.
22
Article 4
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
23
Article 5
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 lives shall be treated with respect for the inherent dignity of the human person.
24
Article 7
1.
Every person has the right to personal liberty and security
25
Article I.
The State Parties to this Convention undertake:
a. Not to practice, permit, or tolerate the forced disappearance of persons, even in states of emergency or
suspension of individual guarantees;
26
Article XI. Every person deprived of liberty shall be held in an officially recognized place of
detention and be brought before a competent judicial authority without delay, in accordance with
applicable domestic law.
The States Parties shall establish and maintain official up-to-date registries of their detainees and, in
accordance with their domestic law, shall make them available to relatives, judges, attorneys, any other
person having a legitimate interest, and other authorities.