61
7. No one shall be detained for debt. This principle shall not limit the orders of a
competent judicial authority issued for non-fulfillment of duties of support. […]
79.
Without detriment to the preceding findings concerning the State’s
acquiescence to the violation of Articles 4, 5 and 7 of the Convention, owing to the
grave circumstances and the context in which the facts took place (supra paras. 46
to 49), the Court finds it pertinent to examine and clarify certain aspects of these
violations. Accordingly, the Court will examine: (a) the recognition of the continuing
nature of forced disappearance of persons; (b) the State’s increased international
responsibility because the facts occurred within the framework of “Operation Condor”
and due to the failure to comply with the obligation to investigate them effectively;
and (c) the alleged violation of the right to humane treatment of the next of kin of
the alleged victims.
a)
Recognition of the continuing or permanent nature of the forced
disappearance of persons
80.
As indicated above (supra paras. 41, 48 and 49), the State recognized the
Court’s competence “to hear the instant case,” because it had ratified the Convention
and accepted the compulsory jurisdiction of the Court. But, over and above the
procedural issues and the formal competence of the Court, when acquiescing, the
State did not merely consider that the facts were violations of the rights to life,
personal liberty and humane treatment, but expressly classified them as forced
disappearance of persons of a continuing nature. This is clear from the terms of its
acquiescence to the violation of Articles 4, 5 and 7 of the Convention to the
detriment of the victims, owing to their “forced disappearance up until this time,” as
well as the reference made by the State to the Court’s competence in this case,
“under the provisions of Article XIII of the Inter-American Convention on Forced
Disappearance of Persons,”59 as well as Article III thereof, which establishes that this
offense “shall be deemed continuous or permanent as long as the fate or
whereabouts of the victim has not been determined.”
81.
The Court appreciates the State’s good faith in submitting its acquiescence. In
addition to helping define its own historical memory, the State contributes thereby to
strengthening a perception of the international community and, in particular, the
inter-American system, that recognizes the gravity and the continuing or permanent
and autonomous nature of the crime of forced disappearance of persons. The need to
deal integrally with forced disappearance as a complex form of human rights
violation leads the Court to examine Articles 4, 5 and 7 of the Convention, in relation
to Article 1(1) thereof, together in this chapter.
82.
In this regard, in its constant case law on cases of forced disappearance of
persons, the Court has reiterated that this constitutes an illegal act that gives rise to
a multiple and continuing violation of several rights protected by the American
Convention and places the victim in a state of complete defenselessness, giving rise
to other related crimes. The State’s international responsibility is increased when the
59
This article establishes that “[f]or the purposes of this Convention, the processing of petitions or
communications presented to the Inter-American Commission on Human Rights alleging the forced
disappearance of persons shall be subject to the procedures established in the American Convention on
Human Rights, and to the Statutes and Rules of Procedure of the Inter-American Commission on Human
Rights and the Inter-American Court of Human Rights, including the provisions on precautionary
measures.”
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