103. The Court emphasizes the possible use of secret prisons as part of the authorities'
refusal to acknowledge the deprivation of liberty of the victim and to provide information
about his fate or whereabouts, even in response to the measures taken by family members
and the agencies in charge of the investigations. 155 In this case, at least seven applications
for habeas corpus were filed on behalf of Mr. García; the facts were denounced to the Head
of State at the time, the Ministry of Defense, and the media (supra paras. 69 to 75).
However, the family did not obtain any official information about the detention or fate of
Edgar Fernando García. To the contrary, records of the responses to those remedies
according to which Mr. García was not detained appeared in the Historical Archive of the
National Police. The Court also underscores that Edgar Fernando García’s capture was not
recorded in the report on the Patrol and Cleansing Operation executed on October 18, 1984;
rather, to the contrary, it was noted that the operation had been carried out “with nothing
to report.” 156 Similarly, records exist which indicate that when the National Police was asked
for information in this regard, it denied that it had executed an operation in the area and on
the date that Mr. García was captured (supra para. 75).
104. In this regard, the Court underscores the testimony of Mrs. Montenegro, who stated
that she “had never, never received a single response. Never, it was all lies; deception.
[They] were always told that the applications for habeas corpus were declared void; that
Fernando was not there, that he did not appear, that he did not exist, that he had gone to
Canada; he was just someone who did not exist.” 157 Indeed, the Court observes that, at the
time when Mr. García’s disappearance commenced, the Guatemalan authorities did not
acknowledge that they had executed the deprivations of liberty with which they initiated
forced disappearances, and did not provide information on the whereabouts or fate of the
victims, despite the steps taken by their families and by the organs in charge of criminal
investigations. 158 This lack of information concerning Mr. García’s fate or whereabouts has
continued to date, and proves the State's refusal to provide information.
105. Regarding Article 5 of the American Convention, this Court has maintained that
forced disappearance violates the right to personal integrity, because the mere fact of
prolonged isolation and compulsory solitary confinement represents cruel and inhuman
treatment contrary to paragraphs 1 and 2 of Article 5 of the Convention; thus, it is evident
that every dimension of the personal integrity of the victim of forced disappearance is
violated. 159
106. In any case, the Court has established that submitting those detained to official law
enforcement units, State agents, or individuals acting with their acquiescence or tolerance,
who perpetrate torture and murder with impunity, represents, in itself, an infringement of
the obligation to prevent violations of the right to personal integrity and to life, even if it is
155
Cf. CEH, supra, volume II, p. 415, para. 2068.
156
Cf. PN. Log for February 18, 1984, GT PN 26-02 S002, No. 25374 (file of annexes to the motions and
arguments brief, tome I, annex 30, folio 1413).
157
Cf. Testimony given by Nineth Varenca Montenegro Cottom before the Inter-American Court during the
public hearing in this case. Similarly, see affidavit prepared by Alejandra García Montenegro on April 20, 2012
(merits file, tome II, folio 806).
158
Cf. CEH, supra, volume II, p. 415, para. 2068.
159
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 187, and Case of the Río Negro
Massacres v. Guatemala, supra, para. 116.
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