45
delivery to the relatives, who to this day have no certainty as to the fate and final whereabouts
of the disappeared victims. The determination of whether these facts have been proven and their
possible legal consequences will be made in Chapter IX of this Judgment.
IX
MERITS
146. It has been alleged that the facts proven in this case constitute violations of several rights
and obligations enshrined in the American Convention, the Inter-American Convention to Prevent
and Punish Torture and the Inter-American Convention on Forced Disappearance of Persons.
Specifically, violations of the following rights have been alleged:
a) Rights to personal liberty, personal integrity, life and recognition of juridical personality, as
well as the right to special protection of children and the right to protection of the family;
b) Right to property and to private and family life;
c) Rights to judicial guarantees and judicial protection, to personal liberty and Articles I and
III of the Inter-American Convention on Forced Disappearance of Persons, as well as
Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, and
d) The right to personal integrity of the next of kin of disappeared persons.
147.
These arguments will be addressed in the order specified in the preceding paragraph.
IX.I
RIGHTS TO PERSONAL LIBERTY, PERSONAL INTEGRITY, LIFE AND RECOGNITION OF
JURIDICAL PERSONALITY, AS WELL AS THE RIGHT TO SPECIAL PROTECTION OF
CHILDREN
148. The Commission and the representatives argued that what happened to the fifteen
victims in this case should be classified as forced disappearance. The State based its defense
on the legal definition of the facts as extrajudicial executions. In this chapter the Court will
consider the arguments of the Commission and the parties, establish the legal classification of the
facts of this case, and proceed to examine the alleged violations of the rights to recognition of
juridical personality, 163 to life, 164 to personal integrity, 165 to personal liberty, 166 to protection of
honor and dignity, 167 to protection of the family 168 and to the rights of the child, 169 in relation to
163
Article 3 of the American Convention establishes that: “Every person has the right to recognition as a person before
the law.”
164
Article 4(1) of the American Convention establishes that: “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.”
165
Article 5 of the American Convention establishes, where pertinent, 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.”
166
Article 7(1) of the American Convention establishes that: “Every person has the right to personal liberty and
security.”
167
Article 11 of the American Convention establishes that: “1. Everyone has the right to have his honor respected and
his dignity recognized. 2. No one may be the object of arbitrary or abusive interference with his private life, his family,
his home, or his correspondence, or of unlawful attacks on his honor or reputation. 3. Everyone has the right to the
protection of the law against such interference or attacks.”
168
Article 17(1) of the American Convention establishes that: “1. The family is the natural and fundamental group unit
of society and is entitled to protection by society and the State.”
169
Article 19 of the American Convention establishes that: “Every minor child has the right to the measures of protection
required by his condition as a minor on the part of his family, society, and the State.”