41
list of persons, or there are reasons to believe that the true number of victims is much greater than the
few persons named in the file. This is the case with the women who were victims of sexual assault in El
Mozote, the persons whose property was confiscated or destroyed, and persons who had to flee their
homes and seek refuge in Honduras.
B.
The rights to life, humane treatment and personal liberty (articles 4, 5 and 7 of the
Convention, taken in concordance with article 1.1 thereof)
215.
Article 4.1 of the American Convention provides:
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.
216.
Articles 5.1 and 5.2 of the American Convention provide:
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 inherent dignity of the
human person.
217.
Articles of 7.1 to 7.5 of the American Convention provide:
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established
pursuant thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly
notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized by law
to exercise judicial power and shall be entitled to trial within a reasonable time or to be released
without prejudice to the continuation of the proceedings. His release may be subject to guarantees
to assure his appearance for trial.
218.
Article 1.1 of the American Convention indicates:
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.
219.
The right to life is a prerequisite for the enjoyment of all other human rights, and when the
245
right to life is not respected, all other rights are meaningless. . The Court has declared that:
As the Human Rights Committee created by the United Nations International Covenant on Civil and
Political Rights has stated,
[t]he protection against arbitrary deprivation of life, which is explicitly required by the third sentence
of Article 6.1 [of the International Covenant on Civil and Political Rights] is of paramount
importance. The Committee considers that States parties should take measures not only to prevent
and punish deprivation of life by criminal acts, but also to prevent arbitrary killing by their own
security forces. The deprivation of life by the authorities of the State is a matter of utmost
gravity. Therefore, [the State] must strictly control and limit the circumstances in which [a person]
246
may be deprived of his life by such authorities.
245
Inter-American Court, Villagrán Morales et al (“Street Children”), Judgment of November 19, 1999, Inter-Am. Ct. H.R.
(Ser. C) No. 63 (1999). Para. 144
246
Ibid., para. 145.