be assessed in the corresponding chapter, together with the other elements of the body of
evidence, taking into account the observations made by the parties. 77
80.
In accordance with the Court’s case law, the statements of the alleged victims
cannot be considered alone, but must be assessed together with all the evidence in the
proceedings, because they are useful to the extent that they can offer further information
on the alleged violations and their consequences. 78 Consequently, Court admits these
statements (supra paras. 9, 11 and 65), and will assess them based on the criteria
indicated.
81.
The Court notes that the State did not forward the affidavits of the witnesses Jimmy
Sierra and Bolívar Sierra, proposed by the State and convened by the President to declare
by affidavit in his Order of June 3, 2011 (supra para. 9 and footnote 12). In this regard, the
Court recalls that, according to Article 50(4) of the Court’s Rules of Procedure, “[t]he party
who offers a deponent shall be responsible for their appearance before the Tribunal or the
submission of their affidavit, as applicable.”
VII
RIGHTS TO PERSONAL LIBERTY, PERSONAL INTEGRITY, LIFE, AND TO
RECOGNITION OF JURIDICAL PERSONALITY, IN RELATION TO THE OBLIGATION
TO RESPECT AND TO ENSURE THE RIGHTS OF NARCISO GONZÁLEZ MEDINA
82.
In this chapter, the Court will determine whether what happened to the presumed
victims constitutes the alleged forced disappearance and, if appropriate, will rule on the
consequent international responsibility of the State. The Commission and the representatives
alleged the violation of the rights to recognition of juridical personality, 79 to life, 80 to personal
integrity, 81 to personal liberty, 82 to judicial guarantees, to judicial protection, 83 and to
77
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of 17 September 1997. Series C No. 33, para. 43,
and Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of November 24, 2011.
Series C No. 237, paras. 23 and 24.
78
Cf. Case of Loayza Tamayo v. Peru. Merits, supra note 77, para. 43, and Case of Fontevecchia and
D’Amico v. Argentina, supra note 70, para. 15.
79
Article 3 of the American Convention establishes that “[e]very person has the right to recognition as a
person before the law.”
80
Article 4(1) of the American Convention establishes that “[e]very 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.”
81
The pertinent part of Article 5 of the American Convention establishes that: “1. [e]very 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.”
82
Article 7(1) of the American Convention establishes that “[e]very person has the right to personal liberty
and security.”
83
Article 8(1) of the American Convention establishes that: “[e]very person has the right to a hearing, with
due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature […].” Article 25(1) of the
American Convention establishes that: “[e]veryone has the right to simple and prompt recourse, or any other
effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may
have been committed by persons acting in the course of their official duties.”
27
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