15 MERITS VI.1 THE RIGHT TO JURIDICAL PERSONALITY, TO LIFE, TO PERSONAL INTEGRITY AND TO PERSONAL LIBERTY OF MARÍA CLAUDIA GARCÍA IRURETAGOYENA DE GELMAN, IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS (AMERICAN CONVENTION AND INTER-AMERICAN CONVENTION ON THE FORCED DISAPPEARANCE OF PERSONS). 41. For the purpose of examining the alleged responsibility of the State of Uruguay for the violation of the right to juridical personality, to life, to personal integrity, and to personal liberty, of María Claudia García, in relation to the obligation to respect and guarantee rights established in the American Convention, and with the regulations of the Inter-American Convention on Forced Disappearance of Persons that are allegedly violated, the Tribunal will summarize the allegations of the parties, establish the facts it considers proven and not controversial, and will make the appropriate considerations. In the present case, the facts have fundamentally been established, with basis in the non-controversy of the State and the information provided by the Commission and the representatives. The State did not make reference to these arguments, but it did acknowledge the human rights violations against Maria Claudia García in their entirety (supra paras. 19 to 22), reason for which in the following section the State's arguments are not included. A. 42. Arguments and claims of the parties. The Commission alleged that: a. the unlawful and arbitrary detention, the torture, and the enforced disappearance of María Claudia García were a consequence of a police and military intelligence operation, planned and executed in a clandestine manner by the Argentine security forces, apparently, with the close collaboration of the Uruguayan security forces, which is consistent with the modus operandi of such act sin the context of Operation Condor; b. although there are doubts about whether Maria Claudia Garcia remained in Uruguay or was delivered to the Argentine authorities, regardless of the case, the State has the obligation to clarify that regarding her whereabouts, given that she was under its custody; c. there is sufficient evidence “to reasonably assert that the death of Maria Claudia Garcia de Gelman at the hands of State officials whom had her in custody in a context of a State policy that targeted sectors of the civilian population was a crime against humanity”; and

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