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remedy to be ineffective.” The State, when mentioning the "formalized, processed
and closed procedures" of the instant case, referred to the inadmissibility of the
habeas corpus petition filed by Mr. Anzualdo Vicuña, which, pursuant to Article 6(3) of
Act 23.506, may only be admissible if the plaintiff opts to institute proceedings "in the
general jurisdiction.” Likewise, the State pointed out that Kenneth’s father filed an
appeal against such decision, which came to be “unfavorable.” Finally, the State
concluded that “[a]ll those complaints filed with the different instances, that is, with
the police, the prosecutor and the court, demonstrate the respect for the right to an
effective judicial oversight, respect for due process and other rights enshrined in
[Article] 139 of the 1993 Political Constitution, inasmuch as up to date the
investigative stage has not ended.”
54.
Moreover, the Commission and the representatives claimed that the State is
responsible for the violation of the right to humane integrity of Kenneth Anzualdo,
under the terms of Article 5 of the Convention in relation to Article 1(1) therein, and
they indicated that the deprivation of liberty caused him moral and mental distress.
They considered that it is reasonable to assume that Kenneth was violently
interrogated and tortured during the period of time he remained in the basements,
according to said modus operandi. The State did not specifically refer to these
allegations.
55.
Furthermore, the Commission and the representatives alleged that the State
failed to comply with its obligation to respect and guarantee the right to life of
Kenneth Ney Anzualdo Castro, in violation of Article 4(1) of the American Convention
in relation to Article 1(1) therein. Specially, they considered that the circumstances in
which Kenneth was detained, the lack of prompt investigations into the facts, the
lapse of time without information about the whereabouts of Mr. Anzualdo Castro, the
knowledge about said systematic and widespread practices at the time of the events
and the criminal order for trial to commence, suggest that the alleged victim was
deprived of life in violation of the duty to respect the right to life. Furthermore, they
pointed out, considering that he was under the State’s custody after being abducted
by state agents, that the State should have offered, in its role of guarantor,
explanations about the whereabouts of the victim and should have conducted a
prompt investigation into the facts, which the State did not do, failing to comply with
its obligation to guarantee the right to life. The Commission, in addition, alleged that
“it is valid and logical to conclude that the victim was deprived of life by
means of an extra-judicial execution perpetrated by State agents” therefore,
his killing is not an isolated incident but "an extrajudicial disappearance” (sic)
in the context of said pattern. The State did not specifically refer to these
allegations.
56.
In turn, the Commission alleged the violation of the right to juridical
personality of Mr. Anzualdo Castro, embodied in Article 3 of the American Convention.
It held that “it is correct and necessary to include an analysis of the alleged violation
of Article 3 of the Convention in the [...] concept of multiple violations of human
rights to which a case of forced disappearance gives rise.” The Commission based its
position on the idea that the juridical personality is a fundamental requirement for
the enjoyment of all basic freedoms, inasmuch as this right grants the individual
the right to exercise and enjoy rights; the capacity to take on obligations and
standing. According to the Commission, the precise object of forced disappearance is
to remove the individual from his due protection and “to operate outside the law.”
Therefore, the Commission found that through the State’s refusal to recognize that
Mr. Anzualdo Castro was in its custody and not informing about his situation or
whereabouts, the State created a “legal vacuum” that eliminated the juridical
personality of the alleged victim
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