36
188.
Consequently, based on the analysis in this chapter, the Commission finds that the above
evidence is sufficient to conclude that what happened to the 15 victims should be categorized as forced
disappearance.
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2.
Right to personal liberty, humane treatment, life, and juridical personality (Articles 7, 5,
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4(1), and 3 of the American Convention, in connection with the obligation to ensure rights
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(Article 1(1) of that instrument)
189.
According to the case law of the Inter-American Court, in cases of forced disappearance it is
unnecessary to perform a detailed analysis of the arrest in relation to each of the guarantees recognized in Article
7 of the American Convention. In the opinion of the Inter-American Court, when it is demonstrated that
deprivation of freedom was a step prior to achieving the disappearance of the victims, it is not necessary to
determine whether or not the alleged victims were informed of the reasons for their detention; whether or not
said detention was effected regardless of the reasons and conditions established in the legislation in force at the
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time of the events; or whether the act of the detention was unreasonable, unpredictable or disproportionate.
190.
The Court has also held that when examining an alleged forced disappearance it should be taken
into account that the deprivation of liberty of the individual must be understood merely as the beginning of the
constitution of a complex violation that is prolonged over time until the fate and whereabouts of the alleged victim
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are established.
191.
As to the right to humane treatment, the Inter-American Court has recognized that “a person
illegally detained […] is in a situation of heightened vulnerability in which there is a high risk of his/her rights being
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violated, such as the right to physical integrity and to be treated with dignity.”
Furthermore, the Inter-American
Court has held that forced disappearance violates that right since “prolonged isolation and deprivation of
communication are in themselves cruel and inhuman treatment which [...] violates the right of every detainee
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Article 7
1. Every person has the right to personal liberty and security.
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Article 5
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.
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Article 4.
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.
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Article 3
Every person has the right to recognition as a person before the law.
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Article 1(1)
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.
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I/A Court H.R., Case of La Cantuta. Judgment of November 29, 2006, Series C No. 162, par. 109.
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I/A Court H.R., Case of Ticona Estrada et al v. Bolivia. Preliminary Objections, Merits, Reparations and Costs Judgment of
November 27, 2008. Series C, No. 191, par. 56.
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I/A Court H.R., Bámaca Velásquez Case v. Guatemala. Judgment of November 25, 2000. Series C, No. 70, par. 90.