67
110 to 112 and infra paras. 135 to 157) allow the inference that those people experienced
deep feelings of fear, anxiety and defenselessness. In the least serious situation, they were
submitted to cruel, inhumane or degrading treatment when they witnessed acts perpetrated
against other people, their concealment or execution, all of which made them anticipate
their deadly fate. Thus, it is coherent to describe the acts against the personal integrity of
the 10 executed or missing victims in terms of Articles 5(1) and 5(2) of the Convention.
114. Regarding the violation of the right to life, also acknowledged by the State, the facts
of the instant case resulted from an operation executed in coordination with the Grupo
Colina, also in charge of covering up said operation. Intelligence services and the very
incumbent President of the Republic at the time knew about and ordered said operation
(supra paras. 96 and 97). This is consistent with the systematic practice of perpetrating
illegal and arbitrary detentions, torture, extra-legal executions and forced disappearances
verified at the time of the facts (supra paras. 80(12) and 80(18)). It is necessary to indicate
that full identification of the mortal remains of Bertila Lozano-Torres and Luis Enrique OrtizPerea allows a description of the acts perpetrated to their detriment as extra-legal
executions. On the other hand, it can be inferred, from the discovery of human remains and
the recognition of objects belonging to some of the detainees found in the clandestine
graves, that Armando Amaro-Cóndor, Juan Gabriel Mariños-Figueroa, Robert TeodoroEspinoza and Heráclides Pablo-Meza were also deprived of their lives. Notwithstanding the
foregoing, the Court believes that, as long as the whereabouts of those persons are not
determined, or their remains are duly located and identified, the proper legal treatment of
the situation of those four people is that of forced disappearance, just as in the cases of
Dora Oyague-Fierro, Marcelino Rosales-Cárdenas, Felipe Flores-Chipana and Hugo MuñozSánchez.
115. The Court recalls that the systematic practice of forced disappearances entails nonrecognition of the duty to organize the State apparatus to guarantee the rights embodied in
the Convention, which replicates the conditions of impunity that allow these events to occur
100
That is the reason why it is important for the State to adopt all the necessary
again.
measures to avoid said events, to investigate and punish those responsible and to inform
101
the missing person's next of kin of his whereabouts and compensate them as appropriate.
Likewise, the Court has held that the international responsibility of the Sate is aggravated if
the disappearance is part of a systematic pattern or a practice applied or tolerated by the
State, for it constitutes a crime against humanity involving a flagrant disavowal of the
essential principles on which the inter-American system is based.102
116. In light of the foregoing considerations, and under the terms of the acquiescence of
the State, it is appropriate to find that the latter is responsible for the illegal and arbitrary
detention, the extra-legal execution of Bertila Lozano-Torres and Luis Enrique Ortiz-Perea
and the forced disappearance of Armando Richard Amaro-Cóndor, Robert Edgar TeodoroEspinoza, Heráclides Pablo-Meza, Juan Gabriel Mariños-Figueroa, Dora Oyague-Fierro, Felipe
Flores-Chipana, Marcelino Rosales-Cárdenas and Hugo Muñoz-Sánchez, as well as for the
100
Cf. Case of Goiburú et al., supra note 1, para. 89; Case of the Mapiripán Massacre, supra note 2, para.
238, and Case of the Gómez-Paquiyauri Brothers, supra note 83, para. 130.
101
Cf. Case of Goiburú et al., supra note 1, para. 89; Case of the Ituango Massacress, supra note 8, paras.
399 to 401, and Case of the Pueblo Bello Massacre, supra note 3, paras. 265 to 273.
102
Cf. Case of Goiburú et al., supra note 1, para. 88; Case of Gómez-Palomino, supra note 83, para. 92, and
Case of the Serrano-Cruz Sisters. Preliminary Objections. Judgment of November 23, 2004. Series C No. 118, para.
100 to 106.
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