The facts of the case concern the forced disappearance, torture and extrajudicial execution of Heliodoro Portugal, detained on May 14, 1979, while the country was governed by a military regime. The facts also concern the failure of the State to investigate, identify and convict those responsible. The remains of Heliodoro Portugal were found in September 1999 in military barracks, although only in 2001 was it confirmed with absolute certainty that these remains pertained to him.

The IA Court reiterated its jurisprudence regarding the special characteristics and the continued character of the crime of forced disappearance. Similarly, the IA Court assessed if the classification of the crime of forced disappearance in domestic law was appropriate to the requirements and minimum elements as stipulated by international human rights law.