35 situations, this Tribunal, in accordance with the evolution of the international corpus juris on this matter,124 has interpreted Article II of the Inter-American Convention on Forced Disappearance of Persons in broad terms, allowing it to conclude that the result of the refusal to acknowledge the deprivation of liberty or the whereabouts of a disappeared person is, together with other elements of forced disappearance, what takes the person “outside the protection of the law;"125 that is, the violation of the personal and juridical protection of the individual, which directly impedes the recognition of juridical personality.126 100. Moreover, this consequence is evidenced when a deliberate intention can be gathered from the modus operandi, not only to impede the exercise of legal recourses and procedural guarantees to the individual, but also to impede the exercise of other rights, civil or political, and to take the individual away from his or her community and his or her family group,127 as occurred in the instant case (infra para. 122). 101. Therefore, the State must respect and provide the legal means and conditions necessary so that the right to juridical personality may be freely and fully exercised by individuals.128 That recognition establishes a person’s effective existence before society and the State, permitting one to be entitled to rights and obligations, to exercise them, and to have the capacity to act, which are inherent rights of the human being that cannot be repealed at any time by the State according to the American Convention.129 102. In the case at hand, Rainer Ibsen Cárdenas was placed in uncertainty that annulled his possibilities of being effectively entitled rights in general, which constitutes one of the most serious forms of the State's obligations to respect and guarantee human rights.130 violation of Mr. Ibsen Cárdenas’s right to juridical personality. * * a situation of legal to and exercising his non-compliance with This resulted in the * 103. Based on the foregoing, the Court concludes that the State is responsible for the detention and subsequent forced disappearance of Mr. Rainer Ibsen Cárdenas and, therefore, for the violation of the rights to juridical personality, life, humane treatment 124 Cf. Case of the Sawhoyamaxa Indigenous Community v. Paraguay, supra note 118, para. 189; Case of Anzualdo Castro v. Peru, supra note 44, para. 89, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 99. 125 Case of Anzualdo Castro v. Peru, supra note 44, para. 96, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 99. 126 Cf. Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 99. 127 Cf. Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 100. 128 Cf. Case of the Sawhoyamaxa Indigenous Community v. Paraguay, supra note 118, para. 189; Case of Anzualdo Castro v. Peru, supra note 44, para. 88, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 101. 129 Cf. Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 101. See also, article 27 (Suspension of Guarantees) of the American Convention. 130 Cf. Case of Anzualdo Castro v. Peru, supra note 44, para. 101; Case of Radilla Pacheco v. Mexico, supra note 8, para. 157, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 102.

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