18
Article 4 of the Convention. This situation is emphasized when dealing with a
systematic pattern of human rights violations. In addition, the Court has established
that the failure to investigate the facts is a violation of the legal duty under Article
1(1) of the Convention to ensure the rights recognized by Article 4(1) therein, which
is the duty is to ensure every person subject to its jurisdiction the inviolability of the
right to life and the right not to have one's life taken arbitrarily, which comprises the
reasonable prevention of situations that could result in the violation of that right.41
61.
In the instant case, Renato Ticona was illegally detained by state agents, and
until now, there is no information regarding his fate and whereabouts. In this sense,
the Court finds that the State is responsible for the violation of the right to personal
liberty enshrined in Article 7 of the American Convention, in conjunction with Article
1(1) therein, to the detriment of Renato Ticona Estrada, which constitutes an
ongoing violation with legal consequences that extend until the present date.
62.
Furthermore, taking into account the acceptance of the facts and the
acquiescence of the State, the context of the instant case, the nature of the
elements of forced disappearance and the impairment to the physical, mental and
moral integrity of Renato Ticona (supra para. 23, 51 and 58) the Court considers
that the State is responsible for the violation of the right to humane treatment
enshrined in Article 5(1) and 5(2) of the American Convention, in conjunction with
Article 1(1) therein, to the detriment of Renato Ticona Estrada.
63.
Likewise, this Court deems that the forced disappearance of Renato Ticona
Estrada has represented a risk in his life, situation that became more serious due to
the systematic pattern of human rights violations that existed in Bolivia at the time
of the events, which has been acknowledged by the State in the instant case. As a
result, this Tribunal considers that the State is responsible for the violation of such
right as enshrined in Article 4(1) of the Convention, in relation to Article 1(1) therein,
to the detriment of Renato Ticona Estrada.
64.
In addition, the Commission as well as the representative alleged the noncompliance of Articles I and XI of the IACFDP and the State acknowledged its
international responsibility for that fact.
65.
Article I.a) of the IACFDP provides that State Parties undertake not to
practice, permit, or tolerate the forced disappearance of persons, even in states of
emergency or suspension of individual guarantees. In this sense and in view of the
acquiescence made by the State, as well as the permanent nature of the forced
disappearance, the Court finds that the State has failed to comply with the obligation
established in said Article of the IACFDP, which entered into force on June 5, 1999,
since the forced disappearance of Renato Ticona persists until now.
66.
Article XI of the IACFDP establishes the obligation of State Parties to held
every person deprived of liberty in an officially recognized place of detention and be
brought before a competent judicial authority without delay, in accordance with
applicable domestic law. Furthermore, it declares that States Parties shall establish
and maintain official up-to-date registries of their detainees and, in accordance with
their domestic law, shall make them available to relatives, judges, attorneys, any
other person having a legitimate interest, and other authorities.
41
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 16, para. 188 and Case of
Godínez Cruz v. Honduras. Merits. Judgment of January 20, 1989. Series C Nº. 5, para. 198.