107.
The Second Lieutenant concluded stating that “the corresponding investigations will be
continued until there is total clarification of the case and thus the location of the citizen César Gustavo Garzón
Guzmán, and these results will be disclosed in a timely manner.”83
108.
The Commission observes that the State informed that after the report of the Truth
Commission, judicial investigations were initiated about the disappearance of Mr. Garzón Guzmán. Even though
some actions were mentioned, the State did not provide documentary evidence of these investigations. It did
not inform about the progress or concrete outcomes in the individualization of the possible responsible persons
nor did it provide any information about a plan of search for the whereabouts of Mr. Garzón Guzmán.
V.
ANALYSIS OF LAW
A.
Rights to the recognition of juridical personality, personal liberty, to humane
treatment, to life, to a fair trial and to judicial protection (Articles 3, 7, 5, 4, 8.1 and 25.1
of the American Convention) in relation to the obligation to respect and ensure the
rights (Article 1(1) of said instrument); and Inter-American Convention on Forced
Disappearance of Persons (Article I(a)and b) with regards to César Gustavo Garzón
Guzmán
109.
The articles of the American Convention referred to in the title above state the following:
Article 3. Right to Juridical Personality
Every person has the right to recognition as a person before the law.
Article 7. Right to Personal Liberty
1.
2.
3.
4.
5.
Every person has the right to personal liberty and security.
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.
No one shall be subject to arbitrary arrest or imprisonment.
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.
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.
[…]
Article 5. Right to Humane Treatment
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.
Article 4. Right to Life
83 Annex 24. Information Report No. 1526-OIDP dated August 22, 1994, signed by Mr. Second Lieutenant of the Police Diego
Erazo G. and sent to the Chief of the office of criminal investigation of Pichincha. Annex to the observations brief of the State of April 29,
1996.
17