11 AND 3 (JURIDICAL PERSONALITY)23 OF THE AMERICAN CONVENTION, IN CONJUNCTION WITH ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS)24 THEREIN AND ARTICLES I25, II26, III27 AND XI28 OF THE INTER—AMERICAN CONVENTION ON FORCED DISAPPEARANCE OF PERSONS) 30. The Commission as well as the representatives alleged that, based on the evidence produced and considering the systematic patterns of forced disappearance committed by state agents at the time of events, the State is responsible for the forced disappearance of Mr. Anzualdo Castro committed by members of the then Army Intelligence Service. Based on the foregoing, the Commission considered that the State has failed to fulfill the commitment “not to practice, permit, or tolerate the forced disappearance of persons, even in states of emergency or suspension of individual guarantees”, stipulated in Article I of the ICFDP. The Commission claimed that, considering that the forced disappearance occurred in the context of said patterns and given the fact that it is a crime of continuous or ongoing nature, this circumstance put the state in a situation of permanent infringement of its international obligations to respect and guarantee the violated rights. 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. 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 3 Every person has the right to recognition as a person before the law. 24 Article 1(1) The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 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 II For the purposes of this Convention, forced disappearance is considered to be the act of depriving a person or persons of his or their freedom, in whatever way, perpetrated by agents of the state or by persons or groups of persons acting with the authorization, support, or acquiescence of the state, followed by an absence of information or a refusal to acknowledge that deprivation of freedom or to give information on the whereabouts of that person, thereby impeding his or her recourse to the applicable legal remedies and procedural guarantees. 27 Article III (pertinent part) The States Parties undertake to adopt, in accordance with their constitutional procedures, the legislative measures that may be needed to define the forced disappearance of persons as and offense and to impose an appropriate punishment commensurate with its extreme gravity. This offense shall be deemed continuous or permanent as long as the fate or whereabouts of the victim has not been determined. 28 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.