50
Within the inter-American system, this definition appears in the Inter-American Convention on Forced
Disappearance of Persons, which Guatemala ratified on July 27, 1999.308 Various international
instruments and the case law of international bodies and courts concur on this definition.309
221. Thus, States have an obligation not to practice, permit, or tolerate the forced
disappearance of persons, no matter what the circumstance. Also, they must take reasonable measures to
prevent the commission of this crime, conduct serious investigations when it happens to identify those
responsible, impose the punishments called for, and to ensure adequate reparations for the victim.310
These obligations are expressly set forth in articles I(a) and I(b) of the Inter-American Convention on Forced
Disappearance of Persons.
222. As for the rights violated, forced disappearance violates the right to personal liberty and
places the victim at serious risk of irreparable harm to his or her rights to humane treatment and life.
The Court has written that forced disappearance violates the right to humane treatment, as “prolonged
isolation and being held incommunicado constitute, in themselves, forms of cruel and inhuman
treatment harmful to the mental and moral integrity of the person and to the right of respect for the
311
inherent dignity of the human being.”
The Court has also written that subjecting a person to State
agents or private parties acting with their acquiescence or tolerance and that practice torture and
assassination with impunity is itself a breach of the duty to prevent violations of the rights to life and
physical integrity of the person, even if those facts cannot be proven in a given case.312
Series C No. 191, par. 55; and Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment
of September 22, 2009. Series C No. 202, par. 60.
308
It is worth noting that the Court has observed that the characteristics of a forced disappearance are inferred from
the definition included in Article III of the Inter-American Convention on Forced Disappearance, its travaux préparatoires, its
preamble and provisions. See: I/A Court H.R., Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations
and Costs. Judgment of November 23, 2009. Series C No. 209, par. 140, citing the Annual Report of the Inter-American
Commission on Human Rights 1987-1988, Chapter V.II. This crime “is permanent since it is not committed instantly but in a
permanent and prolonged manner during the totality of the period during which the person remains disappeared.” (OEA/CPCAJP, Report of the Chair of the Working Group to Analyze the Draft Inter-American Convention on Forced Disappearances of
Persons, doc. OEA/Ser.G/CP/CAJP-925/93 rev.1, of January 25,1994, p. 10).
309
Within the inter-American system, see: I/A Court H.R., Case of Gómez Palomino v. Peru. Merits, Reparations and
Costs. Judgment of November 22, 2005. Series C No. 136, par. 97; Case of Ticona Estrada v. Bolivia. Merits, Reparations and
Costs. Judgment of November 27, 2008. Series C No. 191, par. 55; and Case of Anzualdo Castro v. Peru. Preliminary Objection,
Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, par. 60. Within the European system, see:
ECHR, Kurt v. Turkey. Application No. 15/1997/799/1002. Judgment of 25 May 1998, pars. 124-128; Çakici v. Turkey, Application
no. 23657/94. Judgment of 8 July 1999, paras. 104-106. Among the case law of domestic courts, see: Case of Marco Antonio
Monasterios Pérez, Supreme Court of the Bolivarian Republic of Venezuela, Judgment of August 10, 2007; The Case to Strip
Pinochet of Immunity, Supreme Court of Chile, en banc, Judgment of August 8, 2000; Case of Castillo Páez, Constitutional Court
of Peru, Judgment of March 18, 2004, and others.
310
I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, par.
174; Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September 22, 2009.
Series C No. 202, par. 62; and Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 23, 2009. Series C No. 209, par.142.
311
I/A Court H.R., Case of Chaparro Álvarez and Lapo Iñiguez v. Ecuador. Preliminary Objections, Merits, Reparations
and Costs. Judgment of November 21, 2007. Series C No. 170, par. 171; and Case of Anzualdo Castro v. Peru. Preliminary
Objection, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, par. 85.
312
I/A Court H.R., Case of Ticona Estrada v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 191, par. 59; Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of