the protection of Peace Brigades International and, for the nine years that the dangerous situation lasted, she always had to have protection. 119 In addition, Mr. García’s daughter stated that “when she was three years old, [they] were going to a demonstration when [she] saw that the police had stopped [her] mother [and …] owing to the fear of being completely alone, [she] ran to her; [s]he slipped out of the hand of the person taking care of [her], [and] one of the anti-riot police […] stopped [her …], and hit [her] back with one of the wooden batons they had.” Consequently, her mother decided not to take her to demonstrations any more, despite her pleas. 120 VIII MERITS 88. The Court will now rule on the alleged international responsibility of the State for: (1) the forced disappearance of Edgar Fernando García and the reasons for this disappearance; (2) the obligation to investigate this disappearance, and (3) the alleged violations of the rights to personal integrity, protection of the family, rights of the child, and freedom of association, to the detriment of the family members of Edgar Fernando García. VIII-1 FORCED DISAPPEARANCE OF EDGAR FERNANDO GARCÍA 89. In this chapter, the Court will examine the forced disappearance of Edgar Fernando García whose whereabouts remain unknown, as well as the alleged violations of his freedom of association and expression as a reason for this disappearance. I. The forced disappearance of Edgar Fernando García A) Arguments of the Inter-American Commission and of the parties 90. The Commission indicated that “on February 18, 1984, Edgar Fernando García was illegally, arbitrarily, and violently detained by members of the […] National Police, who shot him and put him in a vehicle of the security forces.” In particular, it indicated that Mr. García’s arrest “was a preliminary step to [his forced] disappearance”; consequently, it is not necessary to analyze whether the requirements of Article 7 of the Convention were met.” It stated that “the testimony available, and the […] modus operandi of forced disappearances” at the time of the capture, “lead to the conclusion […] that the victim was held secretly for a prolonged period in order to obtain information from him.” Thus, taking into account the reason for his detention, it can be concluded that “the security forces tortured [Mr. García].” The Commission also argued that the absence of an investigation into what happened represented non-compliance with the obligation to ensure the right to life. In addition, it indicated that it was made impossible for the victim and his family to “seek judicial protection, in view of the constant and systematic absence of any investigation into his whereabouts.” In its final written observations, the Commission 119 Cf. Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the public hearing in this case, and expert opinion provided by Katharine Doyle on United States declassified documents related to the disappearance of Edgar Fernando García in the domestic criminal proceedings (file of annexes to the motions and arguments brief, tome I, annex 53, folios 2067 to 2074). Peace Brigades International is “an NGO of international accompaniment that supported the GAM and other Guatemalan organizations.” Cf. CEH, supra, volume IV, p. 99, para. 4122. 120 Affidavit prepared by Alejandra García Montenegro on April 20, 2012 (merits file, tome II, folio 804). 32