30
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.
In addition, investigations into the practice of disappearances and the testimony of victims who
have regained their liberty show that those who are disappeared are often subjected to merciless
treatment, including all types of indignities, torture and other cruel, inhuman and degrading
treatment, in violation of the right to physical integrity recognized in Article 5 of the Convention.
165. The practice of disappearances often involves secret execution without trial, followed by
concealment of the body to eliminate any material evidence of the crime and to ensure the
impunity of those responsible. This is a flagrant violation of the right to life, recognized in Article
4 of the Convention, the first clause of which reads as follows:
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.
166. The practice of disappearances, in addition to directly violating many provisions of the
Convention, such as those noted above, constitutes a radical breach of the treaty in that it shows
a crass abandonment of the values which emanate from the concept of human dignity and of the
most basic principles of the inter-American system and the Convention. The existence of this
practice, moreover, evinces a disregard of the duty to organize the State in such a manner as to
guarantee the rights recognized in the Convention, as set out below.
167. In addition, the practice of disappearances itself creates a climate incompatible with the
guarantee of human rights by the States Parties in the Convention, in that it relaxes the minimum
standards of conduct that should govern security forces and allows such forces to violate those
rights with impunity.
XI
168. The Commission has asked the Court to find that Honduras has violated the rights
guaranteed to Saúl Godínez by Articles 4, 5 and 7 of the Convention. The Government has denied
the charges and seeks to be absolved.
169. This requires the Court to examine the conditions under which a particular act, which
violates one of the rights recognized by the Convention, can be imputed to a State Party thereby
establishing its international responsibility.
170.
Article 1 (1) of the Convention provides:
Article 1
Obligation to Respect Rights
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.