38
and the soldiers who died during the Guerrilha do Araguaia, in compliance with
the Judgment of the Ordinary Action (infra para. 192).115 This group has executed
23 expeditions to recognize and excavate in the Araguaia region.116 Said group is
supervised by the Interinstitutional Committee,117 and, in April of 2010, the
activities of said Group were postponed for a year.118 To date, the Court has not
been informed if any other bodily remains have been found.119
C. Enforced disappearance as a multiple and continued violation of
human rights and the obligation to respect and guarantee rights
101. This Court considers it appropriate to reiterate the legal foundations that
support an integral perspective regarding enforced disappearance given the plurality
of conducts that, united for a single purpose, harm in a permanent manner, while
they persist, legal interests protected by the Convention.120
102. The Court notes that attention from the international community to the
enforced disappearances phenomenon is not recent. The Working Group on Enforced
and Involuntary Disappearances of Persons of the United Nations developed, from
its conception in the decade of the 80s, an operative definition of the phenomenon,
highlighting in the definition the unlawful detention by agents or governmental
agencies or organized groups of private individuals acting in the name of the State
or counting on its support, authorization, or consent.121 The conceptual elements
established by said Working Group, were retaken subsequently, in the various
international instruments (infra para. 104).
103. On the other hand, in international law, the jurisprudence of the Court has
been a precursor to the consolidation of a comprehensive perspective of the
seriousness and the continued or permanent nature of the concept of enforced
disappearance of persons, wherein the act of disappearance and its execution
commence with the deprivation of liberty of the person, followed by the lack of
information regarding the whereabouts, and continues until the whereabouts of the
disappeared person are found and the true identity is revealed with certainty. In
conformity with the abovementioned, the Court has reiterated that enforced
disappearance constitutes a multi-offensive violation to various rights protected by
the American Convention that places the victims in a state of complete
115
Cf. Order No. 567 of the Ministry of Defense of April 29, 2009 (brief of annexes to the answer
to the application, tome III, folio 6390).
116
Cf. General Report of field work activities of 209 of the Tocantins Working Group (case file of
annexes to the final written arguments of the State, tome II, annex 36, folios 9488 and 9494).
117
Cf. Decree of the Ministry of Defense of July 17, 2009 (case file of annexes to the answer to
the application, tome IV, annex 29, folios 6703 to 6772), and final written arguments of the State,
supra note 104, folio 4951.
118
Cf. Order No. 713 of the Ministry of Defense of April 30, 2010 (case file of annexes to the
final written arguments of the State, tome II, annex 21, folio 9123).
119
Cf. General Report of field work activities of 2009 of the Tocantins Working Group, supra note
116, folios 9465 to 9572.
120
Cf. Case of Radilla Pacheco v. México, supra note 24, para. 138, and Case of Ibsen Cárdenas and
Ibsen Peña, supra note 24, para. 57.
121
Cf. Case of Chitay Nech et al., supra note 25, para. 82, and Case of Ibsen Cárdenas and Ibsen
Peña, supra note 24, para. 58. Cf. Moreover, Report of the Working Group on Enforced or Involuntary
Disappearances, Commission on Human Rights, 37th period of sessions, U.N. Doc. E/CN.4/1435, of
January 22, 1981, para. 4, and Report of the Working Group on Enforced and Involuntary
Disappearances, Commission on Human Rights, 39th period of sessions, U.N. Doc. E/CN.4/1983/14, of
January 21, 1983, paras. 130 to 132.
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