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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