disappearance, as a multiple and complex violation, involves the violation of all those rights
that the disappeared person is unable to exercise.
111. As a result of the State’s actions described in this chapter, the Court also considers
that the State failed to comply with its obligation not to implement or tolerate the forced
disappearance of persons under any circumstance, established in Article I(a) of the InterAmerican Convention on Forced Disappearance.
112. The Inter-American Court emphasizes the seriousness of the facts sub judice, which
have occurred since 1984, and took place within a systematic State practice of forced
disappearance verified in the Court’s case law (supra para. 54). The Court also observes
that, at the time, forced disappearances formed part of a State policy against those
identified as internal enemies under the National Security Doctrine (supra para. 51). Various
State security forces played a role in this policy, including the Police and the Army (supra
para. 52). The Court must also point out that the existence of official documents such as the
Diario Militar and the records of the “Patrol and Cleansing Operations” reveals the
organization and planning behind the forced disappearances, as well as the coordination
that existed among senior political and/or military authorities. In this regard, the report of
the Peace Secretariat, taking into account the information found in the Historical Archive of
the National Police, indicates that the captures were planned with information previously
collected by different State agencies. In the instant case, it should be stressed that the CEH
concluded that, during the internal armed conflict, forced disappearances were
“implemented systematically in different regions and affected a large part of the population,
constituting a crime against humanity.” 166
113. The representatives also alleged the violation of Article II of the Inter-American
Convention on Forced Disappearance. However, this Court has held that Article II of this
Convention does not, in itself, constitute an obligation; rather it is a definition of forced
disappearance. Therefore, as the State has argued, the Court considers that it is not in
order to declare non-compliance with this article in the instant case. 167
114. Based on the above, the Court concludes that the State is responsible for the
violation of the rights to personal liberty, personal integrity, life, and juridical personality,
recognized in Articles 7(1), 5(1) and 5(2), 4(1) and 3, owing to the State’s failure to comply
with its obligation to respect those rights, established in Article 1(1), all of the American
Convention, and in relation to Article I(a) of the Inter-American Convention on Forced
Disappearance, to the detriment of Edgar Fernando García. The assessment of the
obligation to ensure those rights by a diligent and effective investigation into what
happened is made in Chapter VIII-2 of this Judgment.
II. The freedom of association 168 and expression 169 of Edgar Fernando García
115. The Commission indicated that “the forced disappearance of Edgar Fernando García
constituted a violation of his right to freedom of expression and its purpose was to suppress
166
Cf. CEH, supra, volume II, pp. 412, para. 2058.
167
Cf. Case of Chitay Nech et al. v. Guatemala, supra, para. 120.
168
Article 16(1) of the Convention establishes that: “[e]veryone has the right to associate freely for ideological,
religious, political, economic, labor, social, cultural, sports, or other purposes.”
169
Article 13(1) of the Convention establishes that: “[e]veryone has the right to freedom of thought and
expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.”
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