68 cruel, inhumane or degrading acts perpetrated against them, which constitute a violation of Articles 4(1), 5(1), 5(2) and 7 of the Convention, in relation to Article 1(1) thereof, to the detriment of the above mentioned persons. The international responsibility of the State is aggravated by the context in which the events occurred, analyzed in the previous chapter, as well as by the non-compliance with the protection and investigation duties described in this chapter. b) The right to recognition of the juridical personality of disappeared persons 117. Although the State has acquiesced to the violation of Article 3 of the American Convention, alleged by the Inter-American Commission and the representatives (supra para. 41), the Court is empowered, under Article 53(2) of the Rules of Procedure, to decide "on the validity of the acquiescence and its legal effects" (supra paras. 47 to 50 and 52). 118. The argument of the Commission focuses on the fact that, as a consequence of the forced disappearance of the alleged victims, these people were "were excluded from the legal and institutional system of the Peruvian state,” that is to say, the perpetrators of the disappearance "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.” 119. Previously, in another case involving forced disappearance of people, the Court had the chance to rule on the merits in relation to the alleged violation of Article 3 of the above mentioned instrument. In the case of Bámaca Velásquez v. Guatemala, the Court considered that the State had not violated the victim's right to juridical personality, since [n]aturally, the arbitrary deprivation of life suppresses the human being and, consequently, in these circumstances, it is not in order to invoke an alleged violation of the right to juridical personality or other rights embodied in the American Convention. The right to the recognition of juridical personality established in Article 3 of the American Convention has its own juridical content, as do the other rights protected by the Convention.103 120. With regard to the juridical content of Article 3 of the American Convention, also enshrined in other international instruments104, the Inter-American Court has defined it as the right of every person to be recognized everywhere as a person having rights and obligations, and to enjoy the basic civil rights. The right to the recognition of juridical personality implies the capacity to be the holder of rights (capacity of exercise) and obligations; the violation of this recognition presumes an absolute disavowal of the possibility of being a holder of such rights and obligations.105 103 Cf. Case of Bámaca-Velásquez. Judgment of November 25, 2000. Series C No. 70, para. 180. Cf., also, Case of Durand and Ugarte. Judgment August 16, 2000. Series C No. 68, para. 79. 104 Cf., Among others, Universal Declaration of Human Rights, Article 6; International Covenant on Civil and Political Rights, Article 16; American Declaration of the Rights and Duties of Man, Article XVII, and African Charter on Human and Peoples' Rights, Article 5. 105 Cf. Case of Bámaca-Velásquez, supra note 104, para. 179, quoted in Case of the Girls Yean and Bosico. Judgment of September 8, 2005. Series C No. 130, para. 176, and Case of Sawhoyamaxa Indigenous Community. Judgment of March 29, 2006. Series C No. 146, para. 188.