38
146. The Court wishes to indicate the particular gravity of the instant case since
the victims were youths, three of them children, and because the conduct of the
State not only violated the express provision of Article 4 of the American Convention,
but also numerous international instruments, that devolve to the State the obligation
to adopt special measures of protection and assistance for the children within its
jurisdiction (infra, para. 191).
147. Based on the foregoing, the Court concludes that the State violated Article 4
of the American Convention on Human Rights, in relation to Article 1.1 of the
Convention, to the detriment of Henry Giovanni Contreras, Federico Clemente
Figueroa Túnchez, Julio Roberto Caal Sandoval, Jovito Josué Juárez Cifuentes and
Anstraum Aman Villagrán Morales.
X
VIOLATION OF ARTICLE 5
(Right to Humane Treatment)
148. In the application, the Commission alleged that the State had violated Article
5 of the American Convention against Henry Giovanni Contreras, Federico Clemente
Figueroa Túnchez, Julio Roberto Caal Sandoval and Jovito Josué Juárez Cifuentes
because they had been abducted by State agents who “were responsible for the
physical integrity of the victims while they were [in] their custody”.
149. The Commission observed that, when the facts in this case occurred, the socalled “street children” were subject to different forms of “abuse and persecution” by
“agents from certain [State] security forces”, and this inter-American body had
already pointed out this circumstance in several of its reports.
150. When answering the application during the proceeding, the State did not offer
any defense regarding the violation of the right to humane treatment embodied in
the American Convention and, in particular, did not contest that the victims had been
tortured (supra, paras. 67 and 68).
151. In its final arguments, the Commission declared that the four young victims of
torture were retained incommunicado, a situation which, in itself, clearly results in
“great anxiety and suffering”.
152. In continuation, it made special reference to the tender age of the victims of
torture, two of them minors, Julio Roberto Caal Sandoval, 15 years of age, and
Jovito Josué Juárez Cifuentes, 17 years of age, and the fact that they lived on the
streets.
153. Furthermore, the Commission added that the circumstances surrounding the
death of these youths had caused a great deal of suffering to the families of the
victims. The way in which the bodies were abandoned and the lack of answers about
what happened caused the families anxiety and fear. In the Commission’s opinion,
the evidence makes it clear that the authorities did not try to communicate with the
families or provide them with further information once the proceedings were
underway.