14
(RIGHTS OF THE CHILD),29 AND 25(1) (RIGHT TO JUDICIAL PROTECTION)30
IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS)31 OF
THE INTER-AMERICAN CONVENTION AND OF ARTICLE I OF THE INTERAMERICAN CONVENTION ON FORCED DISAPPEARANCE32
39.
As a form of reparation to the victims, in this section the Court will establish
the facts of the present case and the international responsibility derived from the
same (supra para. 1 y 5), based on the application presented by the Inter-American
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established pursuant
thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified
of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to be released without
prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his
appearance for trial.
6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that
the court may decide without delay on the lawfulness of his arrest or detention and order his release if the
arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to
be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it
may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The
interested party or another person in his behalf is entitled to seek these remedies. […]
28
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. […]
29
Article 19. Rights of the Child
Every minor child has the right to the measures of protection required by his condition as a minor on the
part of his family, society, and the state.
30
Article 25. Right to 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. […]
31
Article 1. Obligation to Respect Rights
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. […]
32
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;
c) To cooperate with one another in helping to prevent, punish, and eliminate the forced
disappearance of persons; and
d) To take legislative, administrative, judicial, and any other measures necessary to comply with
the commitments undertaken in this Convention.