23 VII-1 ALLEGED VIOLATION OF THE RIGHTS TO PERSONAL LIBERTY,124 PERSONAL INTEGRITY,125 LIFE126 AND RIGHT TO JURIDICAL PERSONALITY,127 IN RELATION TO THE OBLIGATION TO RESPECT RIGHTS 128 A. Arguments of the parties and of the Commission 90. The Commission alleged that “there were multiple indications of participation by State agents” in the events related to the alleged forced disappearance and torture of Messrs. Arrom and Martí. In this regard, it stressed that “the statements of Juan Arrom and Anuncio Martí are consistent with each other and in these they mentioned the participation of state agents.” It also highlighted that “(i) according to a statement by the Minister of the Interior, Julio César Fanego, published in the press, he was monitoring the leaders of Patria Libre, days before their alleged disappearance, for their possible responsibility in the kidnapping of the Ms. María Edith Bordón de Debernardi; (ii) police officer Antonio Gamarra asked the Public Prosecutor’s Office to issue an arrest warrant for Juan Arrom and Anuncio Martí, which indicates that state agents were not only monitoring but also searching for them; (iii) there are several testimonies about unusual activity in the neighborhood in which Juan Arrom and Anuncio Martí claimed to have been captured, just at the moment in which they specified that they were detained, and in a context in which Mr. Resck claimed to have seen the director from the Center for Judicial Investigations, Javier Cazal, Article 7 of the Convention establishes that: “1. Every person has the right to personal liberty and security. 2. 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. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. 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. 5. 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. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies. 7. No one shall be detained for debt. This principle shall not limit the orders of a competent judicial authority issued for nonfulfillment of duties of support.” 125 Article 5 of the Convention establishes that: “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. 3. Punishment shall not be extended to any person other than the criminal. 4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons. 5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors. 6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.” 126 Article 4 of the Convention establishes that: “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. 2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply. 3. The death penalty shall not be reestablished in states that have abolished it. 4. In no case shall capital punishment be inflicted for political offenses or related common crimes. 5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women. 6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by the competent authority.” 127 Article 3 of the Convention establishes that: “Every person has the right to recognition as a person before the law.” 128 Article 1.1 of the Convention establishes that: “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.” 124