State entities, and (5) the State’s failure to clarify the facts. For the purpose and effects of
this Court’s judgment, the findings that emerge from the body of evidence are sufficient to
reach the conclusion that Narciso González Medina was forcibly disappeared by the
Dominican Republic.
D.6) Alleged destruction and alteration of documents as part of the
forced disappearance
171. Regarding the arguments of the representatives and the Commission concerning the
alleged destruction and/or alteration of documents (supra paras. 44, 72 and 83), the Court
does not have sufficient evidence to determine whether the said alteration or
“disappearance” of official documents of the Intelligence Division or Directorate of the
Armed Forces Secretariat of State (J-2) and the Intelligence Department of the Dominican
Air Force (A-2) really occurred (infra para. 234). Nevertheless, the Court considered as
proven that “due to accumulation and lack of space,” documents of the Dominican Air Force
dated prior to 2000, including duty rosters corresponding to the dates of Mr. González
Medina’s disappearance, had been incinerated (supra para. 124).
172. Regarding the argument that the supposed destruction and alteration of official
documents forms part of the enforced disappearance (supra paras. 83 and 84), the Court
takes into account that expert witness Federico Andreu Guzmán explained that the acts that
constitute enforced disappearances (the deprivation of liberty and the denial or concealment
of the whereabouts or fate of the victim) “can be committed by means of other acts that can
themselves be considered separately [as] crimes.” The ways that information about the
victims is hidden can be complex, and one of those ways is precisely “the destruction of
files, the falsification of detention records, the creation of new records, or disinformation,
etc.” 214
173. The Court considers that the destruction and/or alteration of official documents in
order to deny the detention or to conceal the whereabouts of the victim of forced
disappearance can constitute acts relating to the third constituent element of the said
violation, namely, the refusal to acknowledge the detention and to reveal the fate or
whereabouts of the person concerned (supra para. 128). Nevertheless, in the instant case,
the Court does not have sufficient evidence to reach the conviction that the incineration of
documents sought to prevent the clarification of the disappearance of Narciso González
Medina, or that it was done in order to deny or conceal information on his disappearance.
Consequently, the Court does not find it proved that the said incineration formed part of the
forced disappearance in this case, and does not find it necessary to rule on the alleged
violation of Article 13 of the Convention based on these alleged facts.
E) Alleged violations of Articles 7, 5(1), 5(2), 4(1) and 3 of the American
Convention owing to the forced disappearance of Narciso González Medina
174. Having determined the existence of the forced disappearance of Mr. González Medina
and that it continued to exist at the date the State accepted the Court’s jurisdiction, the
Court will now examine the violations of the American Convention that have been alleged in
this regard.
175. This Court recalls that, when analyzing an alleged forced disappearance, it must be
taken into account that the individual’s deprivation of liberty should be understood as
214
Testimony given by Federico Andreu Guzmán before the Inter-American Court during the public hearing
held in this case on June 28, 2011.
58
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