-122of the consequences of the violations. Consequently the State is responsible for the
violation of Articles 8(1) and 25 of the Convention, in relation to Article 1(1) thereof,
to the detriment of the next of kin of the persons disappeared and deprived of life in
the instant case.
X
ARTICLE 13 OF THE AMERICAN CONVENTION
(FREEDOM ON THOUGHT AND EXPRESSION)
Arguments of the Commission
213. The Commission did not allege the violation of Article 13 of the American
Convention.
214.
Arguments of the representatives
(a) The right to the truth is based on many of the rights enshrined in the
Convention (Articles 13, 25 and 1(1)). The right to the truth is a basic and
essential consequence for every State Party, and has been developed by
international human rights law; its recognition can be a means of reparation;
(b) The right to the truth is also related to the right to freedom of expression,
because, society has the non-derogable right to know the truth about what
occurred, and the reasons for and circumstances in which hideous crimes are
committed; also, nothing should prevent the alleged victims’ next of kin from
knowing what happened. This access to the truth entails not curtailing their
freedom of expression, and
(c) Today, 14 years after the events, neither the next of kin nor society know the
complete truth of what happened. Moreover, there has been no final
judgment that identifies and sanctions all those responsible. This lack of
information constitutes a violation of the State’s obligation to inform society
about matters that are of evident public interest and of the right to the truth
of the alleged victims’ next of kin.
Arguments of the State
215. Although the State did not refer to the alleged violation of Article 13 of the
American Convention, in its final arguments it stated that it contested the allegation
of the representatives that the State had violated the right of the alleged victims,
their next of kin and society to know the truth about the facts, and the guarantee of
the right to freedom of expression.
Findings of the Court
216.
Article 13 of the American Convention establishes that:
1.
Everyone has the right to freedom of thought and expression. This right includes
freedom to seek, receive, and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing, in print, in the form of art, or through any other
medium of one's choice.
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