63
excluded from the legal and institutional system of the Peruvian State. In this
sense, the forced disappearance of persons implies denying the existence of a
human being with juridical personality;
c)
the connection between the forced disappearance and the violation of this
right "lies in the fact that the precise aim of this pernicious practice is to
deprive the individual of the protection to which he is entitled; the aim of
those who follow said practice is to act outside the rule of law, hiding all
evidence of the crime and attempting to escape punishment, besides the
obvious intent to remove the possibility of this person's filing a legal action
concerning the exercise of his rights.” The Commission quotes the UN
International Convention for the Protection of all Persons from Enforced
Disappearances, the Inter-American Convention on the subject, case law of
the Colombian Constitutional Court, a Declaration of the UN General
Assembly, and
d)
it understands that "during the time of their disappearance, the perpetrators
attempted to create a 'legal limbo' through the state's failure to admit that
they were being held in its custody, the fact that victims were unable to
exercise their rights and their next of kin's lack of knowledge of their situation
or whereabouts. [...] To the [alleged] victims of the instant case, the
consequence of the disappearance was the denial of all rights inherent to a
human being.”
Arguments of the representatives
103. Besides agreeing with the arguments of the Commission concerning the alleged
violation of Articles 3, 4, 5 and 7 of the Convention, the representatives added that:
a)
the forced disappearances and executions of the alleged victims of the instant
case are to be framed within the series of mechanisms aimed at identifying,
persecuting and eliminating people who were allegedly linked to Sendero
Luminoso or the Revolutionary Movement Tupac Amaru;
b)
the State violated not only subparagraphs 2 to 6 of Article 7 of the
Convention, but also subparagraph 1 thereof, to the detriment of the alleged
victims and their next of kin;
c)
it can be inferred that the three allegedly disappeared victims were executed,
just as the other alleged victims;
d)
the State violated Articles 5(1) and 5(2) of the Convention by submitting the
alleged victims to cruel, inhumane and degrading treatment during and after
their detention. Furthermore, considering the circumstances in which the
detentions took place, it is reasonable to infer that the alleged victims
experienced deep feelings of anxiety, tension, fear and uncertainty and found
themselves in a situation of extreme vulnerability before numerous
anonymous persons who were armed and fully supported by the members of
the military on duty at La Cantuta University. Likewise, it can be deduced that
the treatment they received after they were deprived of their freedom was
similar to that of the detention, and
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos