60
b)
when the body of Juan Humberto Sánchez was found, several days
later, not only were the hands tied in back to the neck with a rope, but
furthermore the testicles, the nose and the ears had been severed, some of
his teeth and part of his scalp were missing, and his legs were bruised, and
these facts were not contradicted by the State with suitable evidence; and
c)
it is reasonable to infer that Juan Humberto Sánchez was tortured
during the interrogations conducted in his clandestine detention, so as to
obtain information on the location of the weapons that, according to the
“Tucán” intelligence group, the alleged victim supposedly hid.
Pleadings of the State
93.
The State, in turn, argued that:
a)
it did not accept that the second detention and subsequent
disappearance of Juan Humberto Sánchez was carried out by agents of the
State;
b)
it recognized that a complaint was filed regarding disappearance of the
alleged victim and that when his body was found, there were multiple wounds
on it; and
c)
it denied that agents of the State threatened, intimidated, or carried
out other actions allegedly “with the aim of covering up their participation in
the detention, disappearance, and subsequent execution [of] Juan Humberto
Sánchez”.
Considerations of the Court
94.
Article 5 of the Convention provides that:
1.
Every person has the right to have his physical, mental, and moral integrity
respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be treated with
respect for the inherent dignity of the human person.
[...]
95.
In view of the assertion by the representatives of the alleged victim, the
Court deems it necessary to conduct an analysis of the possible violation of Article 5
of the American Convention to the detriment of Juan Humberto Sánchez and his next
of kin.
96.
The Court deems it proven that on the night of July 11, 1992, Juan Humberto
Sánchez was detained by members of the army. As this Court has stated, a “person
who is unlawfully detained is in an exacerbated situation of vulnerability creating a
real risk that his other rights, such as the right to humane treatment and to be
treated with dignity, will be violated.”113
113
Cf. Bámaca Velásquez Case, supra note 25, para. 150; Cantoral Benavides Case, supra note 103,
para. 90; “Street Children” Case (Villagrán Morales et al.), supra note 103, para. 166, and likewise, Eur.
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