thus, accepts its competence to examine all the facts that occurred and rule on all the
violations that are constituted in that case. 239
193. In addition, the Court considers that the circumstance that a forced disappearance
was perpetrated in order to impede the legitimate exercise of a right does not mean that
the consequent violation of this right is of a permanent nature. The fact that the persons is
currently unable to exercise the right whose exercise it was intended to prevent, does not
mean that the violation has been prolonged continuously over time, as a single and constant
violation. 240 In addition, since motive is not one of the elements that constitute forced
disappearance, it does not acquire the latter��s permanent nature. Consequently, the Court is
not competent to rule in this regard in the instant case.
*
194. Lastly, based on all the above findings, the Court concludes that the Dominican
Republic incurred international responsibility for the forced disappearance of Narciso
González Medina, which began on May 26, 1994, without his whereabouts being known to
date, so that it violated the rights recognized in Articles 7, 5(1), 5(2), 4(1) and 3 of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Narciso
González Medina.
*
195. In this chapter, the Court has declared the international responsibility of the
Dominican Republic for non-compliance with the obligation to respect the rights to personal
liberty, personal integrity, life and juridical personality of Narciso González Medina (supra
paras. 170 and 174 to 194). The assessment of the obligation to guarantee the said rights
by means of a diligent and effective investigation of the facts will be made in Chapter VIII of
this judgment.
VIII
RIGHTS TO JUDICIAL GUARANTEES AND TO JUDICIAL PROTECTION, IN
RELATION TO ARTICLES 7, 5, 4, 3, 1(1) AND 2 OF THE AMERICAN CONVENTION TO
THE DETRIMENT OF NARCISO GONZALEZ MEDINA AND HIS FAMILY
A) Introduction
196. In this chapter, the Court will summarize the arguments of the Inter-American
Commission and the parties, and will then rule on the merits of the case in relation to the
alleged violations of Articles 8(1) and 25(1) of the American Convention, and Articles 1, 6
and 8 of the Inter-American Convention to Prevent and Punish Torture. In addition, the
Court will also rule in this chapter on the alleged violations of Articles 2 and 13 of the
American Convention.
239
Cf. Case of Ticona Estrada et al. v. Bolivia. Merits, reparations and costs. Judgment of November 27,
2008. Series C No. 191, para. 30, and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 49, para. 22.
240
Regarding the characteristics of a permanent violation, cf. Case of Blake v. Guatemala. Preliminary
objections, supra note 49, paras. 39 and 40; Case of Alfonso Martín del Campo Dodd v. Mexico. Preliminary
objections. Judgment of September 3, 2004. Series C No. 113, para. 78; Case of Radilla Pacheco v. Mexico, supra
note 50, para. 22, and Case of Gomes Lund et al. (Guerrilha do Araguaia) v. Brazil, supra note 53, para. 17.
64
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