2
(Articles 8415 and 25416), in regard to the obligation to respect rights
therein and the obligation to adopt domestic legal effects (Articles 1(1)417
and 2418 all of the Convention);
b) application of the Amnesty Law as an impediment to
investigation, trial and punishment –violation of the rights to a
trial and to judicial protection (Articles 8(1) and 25), in regard to
obligation to respect rights recognized by the Convention and
obligation to adopt domestic legal effects (Articles 1(1) and 2), to
detriment of the next of kin of the disappeared victims and of
executed person;
the
fair
the
the
the
the
c) inefficiency of non-criminal judicial actions – violation of the rights
to a fair trial and to judicial protection (Articles 8(1) and 25), in regard to
the obligation to respect rights recognized by the Convention (Article
1(1)), to the detriment of the next of kin of the disappeared victims and of
the executed person;
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.
414
Article 7. Right to personal liberty
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.
415
Article 8. Right to a Fair Trial
1. Every person has the right to a hearing, with due guarantees and within a reasonable
time, by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the determination of his
rights and obligations of a civil, labor, fiscal, or any other nature.
416
Article 25. Judicial Protection
1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to
a competent court or tribunal for protection against acts that violate his fundamental rights
recognized by the constitution or laws of the state concerned or by this Convention, even though such
violation may have been committed by persons acting in the course of their official duties.
417
Article 1. Obligation to Respect Rights
1. 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.
418
Article 2 of the Convention establishes:
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with
their constitutional processes and the provisions of this Convention, such legislative or other measures
as may be necessary to give effect to those rights or freedoms.
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