20 Gonzalo Arias-Alturo). The fact that more than six years have passed, and there has been no news of Isidro Caballero-Delgado and María del Carmen Santana permits the reasonable conclusion that they are dead. c. This conclusion is reinforced by data from the criminal action that took place before the Second Judge of the Public Order of Valledupar for the kidnapping of Isidro Caballero-Delgado and María del Carmen Santana. In that case, preventive detention was ordered against Gonzalo PinzónFontecha, Captain Héctor Alirio Forero-Quintero, and Gonzalo Arias-Alturo, as a precaution, because the judge determined that there were factors that raised the presumption of their responsibility for that crime. They were later absolved due to insufficient evidence. The criminal action was ordered reopened, however, because of the subsequent statements of Gonzalo AriasAlturo. d. Moreover, one must take into consideration other actions before criminal and military courts, in which those accused and Corporal Norberto Báez-Báez were sentenced for other unlawful acts (aggravated robbery, breach of faith, and illegally carrying weapons) which took place one month after the disappearance of Isidro Caballero-Delgado and María del Carmen Santana. These sentences demonstrate that the soldiers and civilians named acted in concert to commit crimes. The statements given by Captain Forero in that proceeding resulted in his being subjected to psychiatric examinations and to treatment in a military hospital for "a paranoid mental disorder of a permanent nature," according to the doctor's examination. e. Finally, in the Order of April 26, 1990 in the Court of military discipline, Captain Forero was ultimately discharged from the Colombian Army because, "he did not carry out his obligation of custodian, as guarantor of the life and personal safety of [two] citizens, conduct that lead to the disappearance of those apprehended at the hands of military troops . . . ", an event which took place one year earlier in the region next to that in which the disappearance of Isidro Caballero-Delgado and María del Carmen Santana took place. f. Conversely, this Tribunal does not find sufficient evidence to demonstrate that Isidro Caballero-Delgado and María del Carmen Santana had been subjected to torture or inhumane treatment during their detention, since that allegation is based solely on the vague testimony of Elida GonzálezVergel and Gonzalo Arias-Alturo and was not confirmed by the statements of the other witnesses. VII 54. Once it has been established that the detention and disappearance of Isidro Caballero-Delgado and María del Carmen Santana was carried out by members of the Colombian Army and civilians who acted as soldiers, it remains to be determined, in accordance with the norms of international law, if the Government is responsible for having violated the Convention. 55. In accordance with Article 1(1) of the Convention, the States Parties are obligated to respect the rights and freedoms recognized in the Convention and to ensure their free and full exercise to all persons subject to their jurisdiction.