55. Finally, the IACHR notes that according to the legislation in effect at the time of the crime, Mr. Palma’s family members had at their disposition—and in fact used—the habeas corpus remedy to try to identify the whereabouts of Marco Bienvenido Palma Mendoza. According to the facts of the case, existing precedents in the Inter-American system, and the principle of iura novit curiae, the Commission concludes that it is competent also to examine the issue of non-compliance with Article 2 of the Convention. 56. Therefore, the Commission considers the petition admissible according to the requirements established in Articles 46 and 47 of the American Convention and, in application of Article 36(3) of its Rules of Procedure, proceeds with the analysis of the merits of this case. V. ANALYSIS OF MERITS A. Consideration of the facts 57. The arguments and the evidence presented before the Commission show that on May 16, 1997, around 9:30 a.m., Mr. Marco Bienvenido Palma Mendoza, 45 years of age,15 was in his car with his eleven year old son in the district of Manta, province of Manabi. When he was in the area of the Ecuadorian Professional Training Service (hereinafter SECAP), he was intercepted by a white double cabin pick-up truck without license plates.16 58. Three heavily armed men dressed in civilian clothing and wearing ski masks got out of the pick-up truck.17 The men were part of the security team of businessman Medardo Cevallos18 and were former members of the Ecuadorian Armed Forces (FAE).19 One of them took Mr. Palma’s son out of the car,20 and the son ran to his mother’s house to 15 Marco Palma was born November 3, 1951, as shown by: Birth certificate issued by the General Office of Civil Registry, Identification, and Registration of the Provincial Headquarters of Manabí on March 13, 2000, appendix to the communication from the August 24, 2000 communication from the State; Judgment of March 19, 2001, Criminal Court of Manabí, Criminal Case No. 18-2001. Appendix to petitioners’ written communication of November 17, 2005. 16 Grievance presented by Mrs. Lidia Guadalupe Bravo Bravo, the common-law wife of Mr. Marco Palma Mendoza, before the Criminal Court Judge XXI of Manabí on May 17, 1997. Appendix to the August 24, 2000 communication of the State; Judgment of March 19, 2001, Criminal Court of Manabí, Criminal Case No. 18-2001. Appendix to the November 17, 2005 communication of the petitioners. 17 Grievance presented by Mrs. Lidia Guadalupe Bravo Bravo, the common-law wife of Mr. Marco Palma Mendoza, before the Criminal Court Judge XXI of Manabí on May 17, 1997. Appendix to the August 24, 2000 communication of the State; Judgment of March 19, 2001, Criminal Court of Manabí, Criminal Case No. 18-2001. Appendix to the November 17, 2005 written communication of the petitioners. 18 Statement of Lenin Ordóñez in Police Report No. 2000-128-PJ-M-COMPL of February 26, 2000, signed by Aladino Zambrano, investigator of the National Police of Ecuador, addressed to the Chief of the Manta Judicial Police. Appendix to the November 17, 2005 communication of the petitioners. 19 Freddy Contreras worked in the FAE for 13 years in the special forces group. (In: Certification of entry and discharge from the FAE Personnel Office from January 16, 1996, signed by Carlos Pazos, FAE lieutenant, addressed to Freddy Contreras); Stanley Dominguez worked in the FAE for 5 years. (In: Resolution of Ministry of National Defense, July 30, 1998, signed by Edwin Montoya, chief of staff of the National Defense Ministry, addressed to Stanley Dominguez); Freddy Simón Contreras worked in the FAE for 12 years. (In: Certification of entry and discharge, FAE Personnel Office in response to request made by the interested party on January 16, 1996; signed by Carlos Pazos-Raza, Chief of the Administrative Department of the FAE Personnel Office). Appendices to the August 24, 2000 communication of the State. 20 Instructive testimony (testimonio instructivo) of Luis Miguel Palma Bravo before the Eleventh Criminal Court of Manabi, of April 5, 2000.