(58 murders have been examined by the Committee since 2004) and acts of violence against trade union leaders and members of trade unions, in a context of persistent impunity.86 80. For its part, the Human Rights Office of the Archdiocese of Guatemala stated in a communique issued in March 1995 that multiple cases had been documented of violations of the rights to liberty and life of the trade union sector in recent years.87 It claimed that there had been complaints of clandestine State squads in charge of carrying out those human rights violations.88 VI. ANALYSIS OF LAW A. Rights to life, personal integrity, and personal liberty (Articles 4.1 89, 5.190, 7.191, and 1692 of the American Convention in connection with Article 1(1) thereof) 81. The Commission has established that the rights to life and personal integrity are of critical importance in the Convention. Accordingly, States should not merely abstain from violating rights, but must adopt positive measures to be determined based on the specific needs of protection of the subject of law, either because of his or her personal situation or because of the specific circumstances in which he or she finds himself/herself.93 82. It follows from inter-American jurisprudence that insofar as a missing person's report is concerned the response of the State is inevitably linked to the protection of the life and well-being of the person reported missing. Whether the disappearance may have occurred at the hands of private citizens or at the hands of state agents is immaterial where duty of the State to render an immediate and exhaustive response is concerned. The Commission reiterates that “when there are reasonable grounds to suspect that a person has been disappeared, it is essential for prosecutorial and judicial authorities to take prompt and immediate action by ordering timely and necessary measures to determine the whereabouts of the victim or the place where he or she might be deprived of liberty.”94 83. In the instant case, there is no dispute about the fact that Alejandro Yovany Gómez was deprived of liberty on March 13, 1995 and murdered at some still to be determined moment between then and March 19, 1995, the day his body was found. In that sense, for the Commission it stands clear that Mr. Gómez was deprived of his rights to personal liberty and life. Likewise, bearing in mind that Mr. Gómez was not murdered immediately, the Commission is of the understanding that he also underwent impairment of his personal integrity, a conclusion also supported by testimony that he was beaten at the time of his detention. 86 ILO, Commission of Inquiry, Freedom of Association and Protection of the Right to Organise Convention, 1948. 87 Communique issued by the Human Rights Office of the Archdiocese of Guatemala. Annex 1 to the initial petition. 88 Communique issued by the Human Rights Office of the Archdiocese of Guatemala. Annex 1 to the initial petition. Article 4.1 of the American Convention: 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. 89 90 Article 5.1 of the American Convention: Every person has the right to have his physical, mental, and moral integrity 91 Article 7.1 of the American Convention: Every person has the right to personal liberty and security. respected. Article 16.1 of the American Convention: Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes. 92 93 IACHR, Report No. 13/15, Case 12.349, Report on Admissibility and Merits, Mayra Angelina Gutiérrez Hernández and Family, Guatemala, March 23, 2015, par. 165. I/A Court HR. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C No. 205, par. 243. 94 I/A Court HR. Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, par. 134; and Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 23, 2009. Series C No. 209, par. 221. 14

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