33 requested and received a "certificate of absence by reason of forced disappearance”, under the terms of Act 28.413.120 101. Based on the foregoing, the Court deems that in cases of forced disappearance of persons, the victim is placed in a situation of legal uncertainty that prevents, impedes or eliminates the possibility of the individual to be entitled to or effectively exercise his or her rights in general, in one of the most serious forms of non-compliance with the State’s duties to respect and guarantee human rights. This was translated into the violation of the right to juridical personality of Mr. Anzualdo Castro. * * * 102. Before these facts, the State had not only the obligation to respect the infringed rights, but also to guarantee them by means of the diligent prevention and investigation into the forced disappearance. Upon his disappearance, the state authorities must have conducted a serious, complete and effective investigation to determine his fate or whereabouts and the truth of the facts, to identify the responsible and, if applicable, to impose the corresponding punishments, for which the State should have provided a suitable regulatory framework that would allow it to ensure the effective guarantee of the rights by means of the available remedies. The assessment of the obligation to guarantee such rights, by means of effective investigations into what happened and the existence of an appropriate regulatory framework shall be made in the following Chapter of this Judgment. For the purposes of determining the alleged violations, it is enough to point out that, in this case, the State has not effectively guarantee the rights enshrined in the provisions analyzed by means of the domestic procedures. 103. Based on the foregoing reasons, the Court considers that the State is responsible for the forced disappearance of Mr. Anzualdo Castro, committed within the framework of a systematic practice of that type of serious human rights violations, fostered, implemented and consented by state agents at the time of the events. Consequently, the State is responsible for the violation of the rights to personal liberty, humane treatment, life and juridical personality, embodied in Articles 7(1), 7(6), 5(1), 5(2), 4(1) and 3 of the Convention, in conjunction with Article 1(1) thereof and Article I of the ICFDP, to the detriment of Mr. Kenneth Ney Anzualdo Castro. B.2 Right to humane treatment of the next-of-kin 104. The Commission and the representatives alleged that the State is responsible for the violation of the right to humane treatment of the next-of-kin of Kenneth Ney Anzualdo Castro, that is, his father, Félix Vicente Anzualdo Vicuña; his mother, Iris Isabel Castro Cachay de Anzualdo, who died on October 26, 2006; and his siblings, Marly Arleny Anzualdo Castro and Rommel Darwin Anzualdo Castro. 120 According to what the representatives informed, which was not contested by the State, there is a law in Peru that governs the possibility of requesting the absence due to forced disappearance, in order to “provide victims’ families […] the necessary resources to have access to the recognition of their rights”, by means of a judicial declaration, which has the same effects that the judicial declaration of presumptive death. Cf. section 13 of Act 28.413 of November 24, 2004 (record of evidence, volume VIII, appendix 19 to the brief of pleadings and motions, pages 3028-3030).