35
situations, this Tribunal, in accordance with the evolution of the international corpus juris
on this matter,124 has interpreted Article II of the Inter-American Convention on Forced
Disappearance of Persons in broad terms, allowing it to conclude that the result of the
refusal to acknowledge the deprivation of liberty or the whereabouts of a disappeared
person is, together with other elements of forced disappearance, what takes the person
“outside the protection of the law;"125 that is, the violation of the personal and juridical
protection of the individual, which directly impedes the recognition of juridical
personality.126
100. Moreover, this consequence is evidenced when a deliberate intention can be gathered
from the modus operandi, not only to impede the exercise of legal recourses and
procedural guarantees to the individual, but also to impede the exercise of other rights,
civil or political, and to take the individual away from his or her community and his or her
family group,127 as occurred in the instant case (infra para. 122).
101. Therefore, the State must respect and provide the legal means and conditions
necessary so that the right to juridical personality may be freely and fully exercised by
individuals.128 That recognition establishes a person’s effective existence before society and
the State, permitting one to be entitled to rights and obligations, to exercise them, and to
have the capacity to act, which are inherent rights of the human being that cannot be
repealed at any time by the State according to the American Convention.129
102. In the case at hand, Rainer Ibsen Cárdenas was placed in
uncertainty that annulled his possibilities of being effectively entitled
rights in general, which constitutes one of the most serious forms of
the State's obligations to respect and guarantee human rights.130
violation of Mr. Ibsen Cárdenas’s right to juridical personality.
*
*
a situation of legal
to and exercising his
non-compliance with
This resulted in the
*
103. Based on the foregoing, the Court concludes that the State is responsible for the
detention and subsequent forced disappearance of Mr. Rainer Ibsen Cárdenas and,
therefore, for the violation of the rights to juridical personality, life, humane treatment
124
Cf. Case of the Sawhoyamaxa Indigenous Community v. Paraguay, supra note 118, para. 189; Case
of Anzualdo Castro v. Peru, supra note 44, para. 89, and Case of Chitay Nech et al. v. Guatemala, supra note
6, para. 99.
125
Case of Anzualdo Castro v. Peru, supra note 44, para. 96, and Case of Chitay Nech et al. v.
Guatemala, supra note 6, para. 99.
126
Cf. Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 99.
127
Cf. Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 100.
128
Cf. Case of the Sawhoyamaxa Indigenous Community v. Paraguay, supra note 118, para. 189; Case
of Anzualdo Castro v. Peru, supra note 44, para. 88, and Case of Chitay Nech et al. v. Guatemala, supra note
6, para. 101.
129
Cf. Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 101. See also, article 27 (Suspension
of Guarantees) of the American Convention.
130
Cf. Case of Anzualdo Castro v. Peru, supra note 44, para. 101; Case of Radilla Pacheco v. Mexico, supra
note 8, para. 157, and Case of Chitay Nech et al. v. Guatemala, supra note 6, para. 102.
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