cannot continue enjoying and exercising all the other rights that he also possesses.
However, this does not mean that forced disappearance, as a multiple and complex
violation, entails the violation of all the rights that the disappeared person is unable to
exercise. The Court considers that these arguments of the representatives refer to supposed
effects that will be examined in the chapter corresponding to the investigation of the facts,
so that it does not find it necessary to make an additional ruling in that regard.
191. In addition, the Court takes note that the Commission and the representatives
argued that the reason for Narciso González Medina’s forced disappearance was an
“autonomous and direct” violation of his freedom of expression, because it was a result of
his criticism of President Balaguer and the 1994 electoral process. The Commission
indicated that the violations inherent in forced disappearance, such as the one that can be
inferred from its motives, “acquire a permanent and continuing nature,” because they
continue to be constituted until the forced disappearance ceases, since the presumption of
death cannot be applied to counter the rights of the victim. For their part, the
representatives indicated that the violation of his freedom of expression is not an incidental
consequence of the disappearance, but was the main reason for it, so that it was a twofold
violation derived from the same single act, because all the violations that can be attributed
to the crime of forced disappearance constitute a single act of a continuing nature that
persists over time until the victims’ whereabouts are known. Consequently, they asked the
Court to determine that the forced disappearance of Narciso González Medina “violated his
right to freedom of expression directly and independently.” In this regard, the State argued
that it had never been reported that the victim had received threats related to the exercise
of his right to freedom of expression and that Mr. González Medina had a limited ability to
influence public opinion. Thus, it denied that the supposed disappearance of Narciso
González Medina had resulted from his declarations contesting the results of the election.
Consequently, it asked the Court to declare that the State had not violated Article 13 of the
Convention, to the detriment of Narciso González Medina.
192. Regarding the alleged violation of freedom of expression of Mr. González Medina
owing to the reason for his forced disappearance, the Court recalls that, on previous
occasions, it has recognized that when the purpose of the violation of the rights to life, and
to personal liberty or integrity is to impede the legitimate exercise of another right
protected by the Convention, such as freedom of association, 236 political rights, 237 and
freedom of expression, 238 there is also an autonomous violation of these rights protected by
the American Convention. However, a particularity of this case is that the beginning of the
forced disappearance was prior to the acceptance of the Court’s jurisdiction. Therefore, the
Court lacks competence to examine the alleged violation of the freedom of expression of
Narciso González Medina as an autonomous violation. Contrary to other cases of forced
disappearance in which the Court has declared a violation of the right whose limitation
motivated the disappearance, the Dominican Republic has not acquiesced to the facts or
acknowledged the violations alleged by the Commission and the representatives. When a
State acquiesces to facts that preceded its acceptance of the Court’s compulsory
jurisdiction, it waives any temporal limitation to the exercise of the Court’s jurisdiction and,
236
Cf. Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series C No.
121, paras. 66 and 75; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary objection, merits,
reparations and costs. Judgment of July 10, 2007. Series C No. 167, paras. 146 and 147; Case of Kawas Fernández
v. Honduras, supra note 167, para. 150, and Case of Manuel Cepeda Vargas v. Colombia. Preliminary objections,
merits, reparations and costs. Judgment of May 26, 2010. Series C No. 213, para. 172.
237
Cf. Case of Manuel Cepeda Vargas v. Colombia, supra note 236, para. 172, and Case of Chitay Nech et al.
v. Guatemala, supra note 52, paras. 116 and 117.
238
Cf. Case of Manuel Cepeda Vargas v. Colombia, supra note 236, paras. 176 and 177.
63
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