constitution of a complex violation that is prolonged over time until the fate and whereabouts of the victim
are established.97
105.
In the instant case, the IACHR considers it demonstrated that on January 30, 1995 Jorge
Vásquez Durand was deprived of his liberty by Ecuadorian army personnel. That arrest was the first step in
his forced disappearance and, therefore, it is irrelevant to analyze if the circumstances that surrounded his
disappearance were in accordance with each of the particulars of Article 7 of the American Convention. On
the contrary, the fact that Jorge Vásquez Durand was forcibly disappeared after his arrest is enough to
conclude that it was illegal and arbitrary and ignored the guarantees set forth in the aforementioned
provision of the Convention.
106.
As to the right to humane treatment, the Inter-American Court has recognized that “a person
illegally detained […] is in a situation of heightened vulnerability in which there is a high risk of his/her rights
being violated, such as the right to physical integrity and to be treated with dignity.”98 Indeed, as the IACHR
has pointed out, there are numerous examples in the inter-American system in which arrests carried out with
no regard for the law constituted the first step for extrajudicial executions, forced disappearances, or
individual acts or systematic patterns of torture.99 Furthermore, the Inter-American Court has held that
forced disappearance violates that right since “prolonged isolation and deprivation of communication are in
themselves cruel and inhuman treatment [...] which violates the right of every detainee under Article 5(1) and
5(2).”100 Specifically, the Court has determined that it is clear that in the case of a forced disappearance, the
victim’s personal integrity is affected in all its dimensions.101
107.
In the instant case, apart from the physical and mental suffering inflicted by a forced
disappearance, the IACHR has considered it established that Jorge Vásquez Durand was detained arbitrarily
and illegally from January 30, 1995 until -- at least -- the middle of June of that same year, when he was last
seen alive. According to information from petitioners and family members, he had purportedly been held in
several military facilities, one of which was the Teniente Ortiz military barracks, where he was last seen "in
poor shape." During the processing of this case, it was noted from testimony received that persons held in
military barracks under circumstances similar to those of Mr. Vásquez Durand were tortured. The victim in
the instant case was held or over four months in the custody of military personnel who committed deliberate
acts of violence.
108.
Ever since the Velásquez Rodríguez and Godínez Cruz cases, the Court has deduced the
existence of torture before death in instances of prolonged detention without any judicial oversight
mechanism.102
97 I/A Court H.R., Case of Ticona Estrada et al v. Bolivia. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 27, 2008. Series C No. 191, paragraph 56.
98
90.
I/A Court H.R., Bámaca Velásquez Case v. Guatemala. Judgment of Saturday, November 25, 2000. Series C No. 70, paragraph
99 IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas. OEA/Ser.L/V/II. Doc 64. December 31,
2011, paragraph 124.
100 I/A Court H.R., Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C No. 4, paragraphs 156 and 187; Case
of the Miguel Castro-Castro Prison. Merits, Reparations and Costs. Judgment of November 25, 2006. Series C No. 160, paragraph 323; I/A
Court H.R. Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C No. 191,
paragraph 58. On this, see also IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas. OEA/Ser.L/V/II. Doc
64. December 31, 2011, pars. 142-145.
101 I/A Court H.R., Case of Ticona Estrada et al v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series
C No. 191, paragraph 58.
102 I/A Court H.R., Case of Velásquez Rodríguez, Judgment on the merits of July 29, 1988, Series C No. 4, paragraph 156; I/A
Court H.R., Godínez Cruz Case. Judgment of January 20, 1989. Series C No. 5, paragraph 164. See also IACHR, Report on the Human Rights
of Persons Deprived of Liberty in the Americas. OEA/Ser.L/V/II. Doc 64. December 31, 2011, paragraph 145.
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