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to prolonged isolation and deprivation of communication is in itself cruel and inhuman treatment
which harms the psychological and moral integrity of the person, and violates the right of every
detainee under Article 5 (1) and 5 (2) to treatment respectful of his dignity. Second, although it
has not been directly shown that Manfredo Velásquez was physically tortured, his kidnapping and
imprisonment by governmental authorities, who have been shown to subject detainees to
indignities, cruelty and torture, constitute a failure of Honduras to fulfill the duty imposed by
Article 1 (1) to ensure the rights under Article 5 (1) and 5 (2) of the Convention. The guarantee
of physical integrity and the right of detainees to treatment respectful of their human dignity
require States Parties to take reasonable steps to prevent situations which are truly harmful to the
rights protected.
188. The above reasoning is applicable to the right to life recognized by Article 4 of the
Convention (supra 157). The context in which the disappearance of Manfredo Velásquez
occurred and the lack of knowledge seven years later about his fate create a reasonable
presumption that he was killed. Even if there is a minimal margin of doubt in this respect, it must
be presumed that his fate was decided by authorities who systematically executed detainees
without trial and concealed their bodies in order to avoid punishment. This, together with the
failure to investigate, is a violation by Honduras of a legal duty under Article 1 (1) of the
Convention to ensure the rights recognized by Article 4 (1). That duty is to ensure every person
subject to its jurisdiction the inviolability of the right to life and the right not to have one's life
taken arbitrarily. These rights imply an obligation on the part of States Parties to take reasonable
steps to prevent situations that could result in the violation of that right.
XII
189.
Article 63 (1) of the Convention provides:
If the Court finds that there has been a violation of a right or freedom protected
by this Convention, the Court shall rule that the injured party be ensured the
enjoyment of his right or freedom that was violated. It shall also rule, if
appropriate, that the consequences of the measure or situation that constituted
the breach of such right or freedom be remedied and that fair compensation be
paid to the injured party.
Clearly, in the instant case the Court cannot order that the victim be guaranteed the enjoyment
of the rights or freedoms violated. The Court, however, can rule that the consequences of the
breach of the rights be remedied and that just compensation be paid.
190. During this proceeding the Commission requested the payment of compensation, but did
not offer evidence regarding the amount of damages or the manner of payment. Neither did the
parties discuss these matters.
191. The Court believes that the parties can agree on the damages. If an agreement cannot be
reached, the Court shall award an amount. The case shall, therefore, remain open for that
purpose. The Court reserves the right to approve the agreement and, in the event no agreement
is reached, to set the amount and order the manner of payment.
192. The Rules of Procedure establish the legal procedural relations among the Commission, the
State of States Parties in the case and the Court itself, which continue in effect until the case is no
longer before the Court. As the case is still before the Court, the Government and the
Commission should negotiate the agreement referred to in the preceding paragraph. The