A. The rights to judicial personality, life, humane treatment, and personal liberty (Articles 3104, 4105, 5106, 7107, 1.1108 and 2109 of the American Convention and Article I a) of the IACFDP110) 1. General considerations on forced disappearance of persons 52. The consistent case-law of the Inter-American system in cases of forced disappearance of persons has indicated that it is an illegal act that generates a multiple and continuous violation of several rights protected by the American Convention and places the victim in a state of complete helplessness, involving other crimes.111 53. The States have the obligation of not to practice and not to permit the forced disappearance of persons under any circumstances. Likewise, they shall prevent in a reasonable way the commission of this offense, seriously investigate the events to identify those who committed the offense and to punish them accordingly, and to ensure the victim’s adequate compensation.112 These obligations are expressly set forth in Articles I.a) and I.b) of the Inter-American Convention on Forced Disappearance of Persons. 54. Pursuant to the consolidated case-law, the Commission considers that the forced disappearance is a complex human rights violation that continues because the location of the whereabouts of the victim or his remains are still unknown. The disappearance as such only ceases when the victim appears or when the remains are located.113 55. Regarding the rights violated, the forced disappearance violates the right to personal freedom and places the victim in a serious situation of risk of suffering irreparable harm to his rights to life and personal integrity. The Court has indicated that the forced disappearance violates the right to personal integrity given that “the sole fact of the prolonged isolation and incommunicado detention represents a cruel and inhumane Regarding this matter, article 3 of the American Convention establishes the following: Every person has the right to recognition as a person before the law. 105 Regarding this matter, article 4 of the American Convention establishes the following: 1. 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. 106 Regarding this matter, article 5 of the American Convention establishes the following: 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 with respect for the dignity inherent to the human person. 107 Regarding this matter, article 7 of the American Convention establishes the following: 1. Every person has the right to personal liberty and security, (...) 108 Article 1.1 of the Convention establishes: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 109 Article 2 of the Convention establishes: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 110 Article I of the IACFDP establishes that: The State Parties to this Convention undertake: a) Not to practice, permit, or tolerate the forced disappearance of persons, even in states of emergency or suspension of individual guarantees; (...). 111 IACHR. Report 101/01. Case 10.247 and others. Extrajudicial executions and forced disappearance of persons. Peru. October 10, 2001. Para. 178; IACHR. Complaint filed before the Inter-American Court, Case No. 11.324, Narciso González and others, Dominican Republic, May, 2, 2010, para. 103; IACHR. Complaint filed before the Inter-American Court, Case No. 12.517, Gregoria Herminia Contreras and others, El Salvador, June 28, 2010, para. 131; I/A Court H.R., Case Goiburú and others. Judgment on Merits, Reparations and Costs. Judgment of September 22, 2006. Series C No. 153. Para. 82; I/A Court H.R., Case Gómez Palomino. Judgment of September 22, 2005. Series C No. 136. Para. 92; I/A Court H.R., Case of the Sisters Serrano Cruz. Preliminary objections. Judgment of September 23, 2004. Series C No. 118, para. 100 to 106; I/A Court H.R., Case Molina Theissen. Reparations (Art. 63.1 American Convention on Human Rights). Judgment of July 3, 2004, Series C No. 108, para. 41. 112 I/A Court. H.R. Case Velásquez Rodríguez Vs. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 174; Case Anzualdo Castro Vs. Peru. Preliminary objections, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, para. 62; and Case Radilla Pacheco Vs. Mexico. Preliminary objections, Merits, Reparations and Costs. Judgment of September 23, 2009. Series C No. 209, para. 142. 113 IACHR. Complaint filed before the Inter-American Court, Case No. 12.529, Rainer Ibsen Cárdenas and José Luis Ibsen Peña, Bolivia, May 12, 2009, para. 106. 104 14