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State in connection with its obligation to respect and guarantee the rights contemplated in
the provisions of the Convention alleged to have been violated, both regarding to issues
acknowledged by the State and those to be determined in the following chapters relating to
the merits of this case and reparations.
IX
ARTICLES 3, 4, 5 AND 7 OF THE AMERICAN CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
(RIGHT TO LIFE, TO PERSONAL INTEGRITY, TO PERSONAL LIBERTY AND TO RECOGNITION OF
JURIDICAL PERSONALITY)
Arguments of the Commission
99.
In relation to Article 7 of the Convention, the Commission alleged that:
a)
subparagraph 2 thereof was violated, inasmuch as the alleged victims were
unlawfully deprived of their liberty, that is to say, outside the reasons and
conditions established in domestic legislation, a person can be detained
pursuant to an arrest warrant issued by a competent authority or in cases of
crimes detected in the act. None of these conditions were met in the instant
case;
b)
subparagraph 3 thereof was violated, inasmuch as both the circumstances
and the methods used by members of the military to deprive the victims of
their freedom are inconsistent with the respect for the fundamental rights of
the individual. This was made even more conspicuous by the absence of
proportionality if the detention is analyzed together with other factors, such
as the fact that the alleged victims were sleeping, in the early hours,
defenseless and unarmed, which increased the arbitrariness of their
disappearance and/or execution;
c)
subparagraph 4 was violated, inasmuch as none of the alleged victims was
informed of the motives for their detention or the rights available to them.
They were simply led by State agents without further explanations or
reasons, with violence;
d)
subparagraph 5 was violated, inasmuch as the alleged victims were abusively
stripped of the protection of the authority that had to rule on their freedom in
as short a time as possible. It should be taken into account that, according to
available evidence, the abduction of the alleged victims was effected under
the premise that they were suspected of being members of the group
Sendero Luminoso (Shinning Path), pursuant to information gathered by the
State Intelligence Service;
e)
subparagraph 6 was violated, inasmuch as the State did not allow the alleged
victims to file a prompt and effective remedy by their own means in order to
establish the legality of their arrest, and kept them under arrest in a place
which was not an official detention center (nor was it authorized to be used
for that purpose) without any institutional control such as records or minutes
to ascertain the date, form and conditions of their detention, and
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