97
communication, the cell isolation regime, and the restriction of visits by his next of kin
were all cruel, inhuman, and degrading treatments that derived in the violation of his
physical, mental, and moral integrity. Consequently, and taking into consideration the
acknowledgement of the facts prior to September 2000 made by the State (supra
paras. 52 to 60), the Court considers that the State is liable for the violation of Articles
5(1) and 5(2) of the Convention, in connection with Article 1(1) thereof, to the
detriment of Urcesino Ramírez-Rojas.
*
234. As regards the detriment to the personal integrity of Urcesino Ramírez-Rojas’
next of kin, the Court has considered proven that due to his detention, his family has
suffered damage to their physical, mental, and moral integrity (supra paras. 97(133)
to 97(139)).
235. In view of the foregoing, the Court concludes that the detention conditions
imposed on Urcesino Ramírez-Rojas, the lack of communication, the cell isolation, and
the restriction regarding visits by his next of kin, as well as the humiliating treatment
to which they were subject when visiting him, were a violation of the mental and moral
integrity thereof. Consequently, and considering the acknowledgement of the facts
prior to September 2000 made by the State (supra paras. 52 to 60), the Court
considers that Peru is liable for the violation of Article 5(1) of the Convention,
regarding Article 1(1) thereof, to the detriment of María Alejandra Rojas; Pedro, Julio,
Santa, Obdulia, Filomena, Marcelina, Adela, all of them Ramírez-Rojas, and Marco
Antonio Ramírez-Álvarez.
XIII
ARTICLES 11, 13 AND 17 OF THE AMERICAN CONVENTION
(PROTECTION OF PRIVACY, FREEDOM OF THOUGHT AND EXPRESSION
AND RIGHTS OF THE FAMILY) REGARDING ARTICLE 1(1) THEREOF
Arguments of the Commission
236. The Commission did not file any arguments regarding Articles 11, 13, and 17 of
the Convention.
Arguments of the representatives
237. As regards Articles 11, 13, and 17 of the Convention, the representatives
pointed out the following:
a)
The personal conditions of Wilson García-Asto and Urcesino RamírezRojas, a university student and a left-wing political party supporter respectively,
“were fundamental for [their] detention, prosecution, trial, and conviction for
terrorism, and played also an important role for the qualification of [their] next of
kin and themselves as “terruco;”
b)
The State is liable for the violation of the right to privacy to the
detriment of the alleged victims, since they “had to endure humiliating and
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