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information concerning the whereabouts of their loved ones and have taken
measures to obtain justice, achieve the punishment of those responsible, and for
Paraguayan society to know the truth of what happened. In addition, the
Commission advised that the representatives had forwarded information about five
nephews and nieces of the Ramírez Villalba brothers, children of Julio Darío Ramírez
Villalba, and requested the Court to consider them as beneficiaries should their
status as an injured party be proved.
The State’s arguments
75.
As indicated (supra para. 54), the State did not acquiesce to the claims of the
Commission in relation to the violation of Article 5 of the Convention, to the
detriment of the next of kin of Agustín Goiburú Giménez, Carlos José Mancuello
Bareiro and the brothers Benjamín and Rodolfo Ramírez Villalba.
The Court’s findings
76.
Article 4(1) of the Convention stipulates that:
Every person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily
deprived of his life.
77.
Article 5(1) and 5(2) of the Convention establishes:
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 regarding for the
inherent dignity of the human person.
78.
Article 7 of the Convention stipulates:
1.
Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the
conditions established beforehand by the Constitution of the State Party concerned or by
a law established pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall
be promptly notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to be released without prejudice to the continuation of the
proceedings. His release may be subject to guarantees to assure his appearance for
trial.
6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent
court, in order that the court may decide without delay on the lawfulness of his arrest or
detention and order his release if the arrest or detention is unlawful. In States Parties
whose laws provide that anyone who believes himself to be threatened with deprivation
of his liberty is entitled to recourse to a competent court in order that it may decide on
the lawfulness of such threat, this remedy may not be restricted or abolished. The
interested party or another person in his behalf is entitled to seek these remedies.
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