97
c)
Article 22 of the Convention to the detriment of the next of kin of the
victims who were displaced as a consequence of the massacre; and
d)
Article 19 of the Convention to the detriment of the boys and girls who are
allegedly victims in the instant case.
X
ARTICLES 4, 5 AND 7 OF THE AMERICAN CONVENTION
IN COMBINATION WITH ARTICLE 1(1) OF THAT CONVENTION
(RIGHTS TO LIFE, TO HUMANE TREATMENT, AND TO PERSONAL LIBERTY)
Considerations of the Court
126.
Article 4(1) of the Convention provides that
[e]very person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily deprived
of his life.
127.
Article 5(1) and 5(2) of the Convention establishes that:
1. Every person has the right to have his physical, mental, and moral integrity
respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with regard for the
inherent dignity of the human person.
128.
Article 7 of the Convention provides that:
1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the reasons and under
the conditions established beforehand by the constitution of the State Party
concerned or by a law established pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4.
Anyone who is detained shall be informed of the reasons for his detention and
shall be promptly notified of the charge or charges against him.
5.
Any person detained shall be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be entitled to trial within
a reasonable time or to be released without prejudice to the continuation of the
proceedings. His release may be subject to guarantees to assure his appearance
for trial.
6.
Anyone who is deprived of his liberty shall be entitled to recourse to a
competent court, in order that the court may decide without delay on the
lawfulness of his arrest or detention and order his release if the arrest or
detention is unlawful. In States Parties whose laws provide that anyone who
believes himself to be threatened with deprivation of his liberty is entitled to
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