9
a)
by action, for the violation of the rights to recognition of juridical personality
(Article 3), life (Article 4), humane treatment (Article 5(1)) and personal liberty (Article
7) of the American Convention, all in relation with Article 1(1) of the Convention, to
the detriment of Manuel Guillermo Omeara Miraval; for the actions of state agents in
conjunction with illegal armed groups that acted together in his forced disappearance
and execution, and
b)
by omission, due to the violation of the rights to humane treatment (Article 5),
a fair trial (Article 8) and judicial protection (Article 25) of the American Convention,
in relation to Article 1(1) of the Convention; and the obligation to investigate with due
diligence alleged acts of torture and other cruel, inhuman and degrading treatment or
punishment, established in the Inter-American Convention against Torture (Article 8),
in relation to the general obligation established in Article 1 of the same Convention, to
the detriment of the next of kin of Mr. Omeara Miraval; by omission, due to the breach
of the duty of due diligence in the investigation of the alleged acts of torture of which
Mr. Omeara Miraval was a victim.
20.
The representatives stated that the State’s responsibility for its action is fully proven,
and therefore the violation of the obligation to respect the crime, since “[with] this it intended
to frustrate and stop the investigations by [Mr. Omeara Miraval] for the attack on his father.”
They considered that “members of State security were involved [in the event], specifically, from
UNASE, which was made up of the army, the [p]olice and the DAS [and that the latter institution
was the cause of his disappearance and murder by pointing him out as a guerrilla to the [RP]
paramilitary group, so that they could kill him.” Consequently, the violation of his rights to
juridical personality (Article 3), life (Article 4), humane treatment (Article 5) and personal liberty
(Article 7) of the American Convention is recognized.
21.
The Commission maintained that the State recognized its responsibility for the forced
disappearance and execution, as well as for the violations of the duty to guarantee Mr. Omeara
Miraval’s rights, but that this does not cover the conclusion made in the Merits Report on the
violation of the right to humane treatment, taking into account the extreme suffering he must
have endured before his death and while he was disappeared. However, the State recognized
by omission the breach of the duty of due diligence in the investigation of the alleged acts of
torture, to the detriment of Mr. Omeara Miraval, since the State referred to the violation of
Articles 5(1), 8 and 25 of the American Convention and Articles 1 and 8 of the ICPPT, but it did
not cover Article 6 of said instrument. In relation to the rights to judicial guarantees of a fair
trial and protection regarding what happened to Mr. Omeara Miraval, it did not acknowledge
the failure to link the investigations or the duration of the proceedings. Nor did it include the
violation of Article 1(b) of the Inter-American Convention on the Forced Disappearance of
Persons [CIDFP].
A.3. Regarding Héctor Álvarez Sánchez
22.
In relation to the attack on Héctor Álvarez Sánchez, the State partially acknowledged
its international responsibility, by omission, for the violation of the rights to life (Article 4),
humane treatment (Article 5), a fair trial (Article 8) and judicial protection (Article 25) of the
American Convention, in relation to Article 1(1) of the Convention; for the omission in the
guarantee of the duty to investigate the violation of the right to life and humane treatment of
Mr. Álvarez Sánchez for the events that occurred on October 21, 1994, from the beginning of
the investigation until March 2003.