the obligation to respect and guarantee rights (Article 1.1 of the same instrument107)l ; Article 1.a 108
of the Inter-American Convention on Forced Disappearance of Persons (CIDFP) and rights of
recognition of legal personality and civil rights, protection against arbitrary detention and of life,
liberty, security, and integrity of persons (Articles XVII, XXV, and I of the American Declaration109)
with regard to the disappearances of Luis Eduardo González González y Oscar Tassino Asteazu.
90. The Inter-American Court has established that the American Declaration constitutes a source of
international legal obligations for all member states of the Organization of American States. It has further
established that the provisions of the instruments governing them, including the American Declaration, must be
interpreted and applied within the context of developments in the field of international human rights law, given
that said instruments were conceived first, and duly take into account other provisions of international law
applicable to the member states that also legitimately prompt complaints of human rights violations.110
91. In its consistent case law on cases of forced disappearance of persons, the inter-American system for
protection of human rights has reiterated that it constitutes an illegal act that gives rise to a multiple and
continuing violation of several rights protected by the American Convention and places the victim in a state of
complete defenselessness, giving rise to other related crimes.111
92. In keeping with its consolidated case law, the Commission finds that forced disappearance is a complex
human rights violation that continues in time so long as the whereabouts of the victim or of his or her remains
are not known. The disappearance as such only ends when the victim appears or his or her remains are found,112,
in such a way that her or his identity is confirmed.113
The articles of the American Convention referred to in the title above provide as follows:
Article 3. Right to Juridical Personality. Every person has the right to recognition as a person before the law. Right to Life. 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 5. Right to Humane Treatment. 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 7. Right to personal liberty. 1. Every person
has the right to personal liberty and security; Article 8. Right to a 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.
108 Those Articles establish: Article I. 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; b) To punish within their jurisdictions, those
persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories.
109 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. 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.
110IACHR. Report No. 60/07. Merits. Rosendo Radilla Pacheco. Mexico. July 27, 2007, par. 88.
111 IACHR. Report 101/01. Case 10.247 and others. Extra-legal Executions and forced disappearance of persons. Peru. October 10, 2001. Par.
178; IACHR. Application to the Inter-American Court of Human Rights in Case (11.324) of Narciso González et al. v. Dominican Republic,
May 2, 2010, par. 103; IACHR. Application to the Inter-American Court of Human Rights in Case (12.517) of Gregoria Herminia Contreras et
al. v. El Salvador, June 28, 2010, par. 131; I/A Court H.R., Case of Goiburú et al. Judgment on Merits, Reparations and Costs Judgment of
September 22, 2006. Series C No. 153. Par. 82; I/A Court H.R., Case of Gómez Palomino. Judgment of November 22, 2005. Series C No. 136.
Par. 92; I/A Court H.R., Case of the Serrano Cruz Sisters. Preliminary Objections. Judgment of November 23, 2004. Series C No. 118,
paragraphs 100 to 106; I/A Court H.R., Molina Theissen Judgment, Reparations (Art. 63.1 of the American Convention on Human Rights).
Judgment of July 3, 2004, Series C No. 108, par. 41.
112 IACHR. Application to the Inter-American Court of Human Rights in Case No. 12.529, Rainer Ibsen Cárdenas and José Luis Ibsen Peña,
Bolivia, May 12, 2009, par. 106.
113 Cf. inter alia, I/A Court H.R., Velásquez Rodríguez Case v. Honduras. Merits, Supra, paras. 155 to 157; and Case of Osorio Rivera and Family v. Peru,
supra, par. 31.
107
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