32 the needs and do not exceed to strict limits imposed by the Convention or derived from it”. 46 100. Said supreme orders did not suspend, in an expressed way, the habeas corpus recourse stated by Article 7(6) of the American Convention, but the State fulfillment of said decrees produced, in fact, the inefficiency of said recourse, by virtue of ordinary judges, cannot be allowed to enter the penitentiaries for being restricted military zones, and such dispositions prevent investigations and determination of the whereabouts of persons in favor of which the recourse has been filed. In this case, habeas corpus was the ideal proceedings that could be effective, thus enabling judicial authority to investigate and find out about the whereabouts of Durand Ugarte and Ugarte Rivera. State allegation is not valid in the sense that it acknowledges the internal legal order, such as a statement of alleged death or the opening of the corresponding legal succession. These resources served other purposes, related to the successive regime, and "not the clarification of a disappearance violating human rights". 47 101. Likewise, the Court has reiterated every person has the right to a simple and prompt recourse or any other effective recourse before a competent judge or tribunal for protection against acts that violate his fundamental rights. it constitutes one of the fundamental pillars, not only of the American Convention but also of the Government of Laws itself in a democratic society in the sense of the convention [...] Article 25 is closely related to the general obligation of Article 1(1) of the American Convention by attributing protection functions to the internal law of States Parties. 48 102. Besides, the Court has stated that the inexistence of an effective recourse against violations of the acknowledged rights by the Convention constitutes a transgression thereof by the State Party in which such situation took place. It must be pointed out that, in that sense, for the existence of said recourse, it is not sufficient to be anticipated by the Constitution or the law or shall be formally accepted, but it should be really ideal to determine whether a violation of human rights had been committed and do whatever it takes to solve it. 49 103. The above is not only valid under normal circumstances, but also under particular circumstances. Within the unrepealable judicial guarantees, habeas corpus represents the best means "to control the respect of life and humane treatment, to avoid his disappearance or indetermination of his detention place, as well as to protect someone against cruel, inhumane, or degrading punishment or treatment". 50 46 Judicial Guarantees in states of emergency. Advisory Opinion OC-9/87 on October 6, 1987. Series A No. 9, para. 21. 47 Durand and Ugarte Case, Preliminary Objections. Judgment of May 28, 1999. Series C No. 50. para. 35. 48 cf. Castillo Petruzzi et al Case, supra note 8. para.184; Castillo Páez, supra note 11. para. 82 and 83; Paniagua Morales et al Case, supra note 8. para. 164; Blake Case, supra note 10.para. 102; and Suárez Rosero Case, supra note 9, para. 65. 49 50 Judicial guarantees in state of emergency, supra note 46, para. 24. cf. Habeas corpus under guarantees suspension, supra note 45, para. 35, Judicial guarantees on state of emergency, supra note 46, para. 31; Castillo Petruzzi et al Case, supra note 8, para. 187; Suárez Rosero, supra note 9, para. 63; and Neira Alegría et al Case, supra note 12, para. 82.

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