concluded, in the same vein, that the excessive delay in initiating proceedings does not constitute an indirect violation of the standard set forth in Article 46.1 b) of the American Convention.103. B. Rights to recognition as a person before the law, to personal liberty, to humane treatment, to life, to a fair trial, and to judicial protection (Articles 3, 7, 5, and 4 of the American Convention) in connection with the obligation to respect and guarantee rights (Article 1.1 of the same instrument);104 Article I, subparagraph a), of the Inter-American Convention on the Forced Disappearance of Persons (IACFDP); 105 and the rights to recognition as a person before the law and civil rights, to protection against arbitrary detention and to life, to liberty, to safety and integrity of the person (Articles XVII, XXV, and I of the American Declaration106), in connection with the rights of the child (Article VII of the Declaration107) 1. General considerations on the forced disappearance of persons 103. The inter-American system’s case law has consistently indicated that, in cases of forced disappearance of persons, it constitutes a multiple and steady violation of several rights protected by the American Convention and places the victim in a state of complete defenselessness, implying other related violations, particularly grave when said harm forms part of a systematic pattern or practice which is applied or tolerated by the state.108 According to its settled case law, the Commission considers that forced disappearance is a complex human rights violation that persists over time as long as the whereabouts of the victim or his or her remains continue to be unknown. Disappearance as such only comes to end when the victims appears or when his or her remains are located so that his or her identity can be determined with certainty109. I/A Court H.R. Case of Mémoli v. Argentina. Preliminary Objections, Merits, Reparations, and Costs. Judgment of August 22, 2013. Series C No. 265, para. 33. 104 Article 3 of the American Convention: Every person has the right to recognition as a person before the law. Article 7.1 of the American Convention: Every person has the right to personal liberty and security. Article 5.1 and 5.2 of the American Convention: 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. Article 4.1 of the American Convention: 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. Article 8. Fair Trial. 1. Every 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. Judicial Protection. 1. Everyone 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. 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. 105 Hereinafter the IACFDP. The States 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. 106 Article XVII of the American Declaration: Every person has the right to be recognized everywhere as a person having rights and obligations, and to enjoy the basic civil rights. Article XXV of the American Declaration: No person may be deprived of his liberty except in the cases and according to the procedures established by pre-existing law. […] Every individual who has been deprived of his liberty has the right to have the legality of his detention ascertained without delay by a court, and the right to be tried without undue delay or, otherwise, to be released. He also has the right to humane treatment during the time he is in custody. Article I. Every human being has the right to life, liberty and the security of his person. 107 Article VII of the American Declaration: All women, during pregnancy and the nursing period, and all children have the right to special protection, care and aid. 108 IACHR. Application lodged before the Inter-American Court, Case No. 12.517, Gregoria Herminia Contreras et al., El Salvador, June 28, 2010, para. 131; I/A Court H.R., Case of Gelman v. Uruguay. Merits and Reparations. Judgment of February 24, 2011. Series C No. 221, para. 74. 109 IACHR. Application lodged before the Inter-American Court, Case No. 12.529, Rainer Ibsen Cárdenas and José Luis Ibsen Peña, Bolivia, May 12, 2009, para. 206; and IACHR. Report on the Merits No. 60/18. Case 12.709. Juan Carlos Flores Bedregal and family, Bolivia, May 8, 2018, para. 78. 103

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