B.2.e) Alleged violations of Articles 7, 5(1), 5(2), 4(1) and 3 of the
American Convention due to the forced disappearance and subsequent
execution of Carlos Horacio Urán Rojas
365. The Court recalls that the concurring elements that constitute forced disappearance
are: (a) the deprivation of liberty; (b) the direct intervention of State agents or their
acquiescence, and (c) the refusal to acknowledge the detention and to reveal the fate or the
whereabouts of the person concerned (supra para. 226). The Court has determined that
Carlos Horacio Urán Rojas left the Palace of Justice alive in the custody of State agents,
following which he was not released. Consequently, the Court considers that this constituted
the first and second element of the forced disappearance, in the sense that he was deprived
of his liberty by State agents.
366. According to this Court’s case law, one of the characteristics of forced disappearance,
contrary to extrajudicial execution, is the State’s refusal to acknowledge that the victim is in
its custody and to provide information in this regard in order to create uncertainty about his
or her whereabouts, life or death, to instill fear, and to eliminate rights. 559
367. In the specific case of Carlos Horacio Urán Rojas, the Court emphasizes that: (i) the
State did not record that Mr. Urán Rojas had left the Palace alive and was subsequently
detained, as in the case of those suspected of having collaborated with the M-19 (supra
para. 248); (ii) the wife of Mr. Urán Rojas went to the Military Hospital on November 7
(following information that Carlos Horacio had left the Palace alive, but injured), and on
asking about his whereabouts, “they left [her] alone in a room for about an hour and a
half”; 560 (iii) the Vice Minister of Health at the time “inquired in all the city’s clinics and
hospitals and could not find him”; 561 (iv) subsequently, the wife of Mr. Urán Rojas went to
the Palace of Justice, but “there [she] met up with friends who told [her] that they had
found nothing”; 562 (v) on November 8, 1985, she went to ask a general where he was, and
showed the general a video where she had identified her husband; he did not return the
video and there is no record in the case file that he made inquiries about the whereabouts
of Carlos Horacio Urán Rojas (supra para. 338), and (vi) the corpse of Carlos Horacio Urán
was undressed and washed, probably to hide what really happened. This Court finds that all
the above reveals that what happened to Carlos Horacio Urán Rojas also complies with the
element relating to the refusal to provide information, characteristic of forced
disappearance.
368. Based on the foregoing, it is possible to conclude that Carlos Horacio Urán Rojas was
forcibly disappeared. In this regard, the Court recalls that the permanent nature of forced
disappearance signifies that it continues until the whereabouts of the disappeared person is
determined and his identity is established with certainty. 563 Thus, on November 8, 1985,
the remains of Carlos Horacio Urán Rojas were identified and were returned to his family.
Palace of Justice. However, the Court has insufficient evidence to determine what happened to Carlos Horacio’s body
between his death and the delivery of his corpse to the Institute of Forensic Medicine.
559
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
September 22, 2009. Series C No. 202, para. 91, and Case of Osorio Rivera and family members v. Peru. Preliminary
objections, merits, reparations and costs. Judgment of November 26, 2013. Series C No. 274, para. 156.
560
Cf. Testimony of Ana María Bidegain during the public hearing on the merits in this case.
561
Cf. Affidavit made by Teresa Morales de Gómez on May 11, 2012 (evidence file, folio 14691), and Testimony of
Ana María Bidegain during the public hearing on the merits in this case.
562
Cf. Testimony of Ana María Bidegain during the public hearing on the merits in this case.
563
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, reparations and costs. Judgment of September 1,
2010. Series C No. 217, para. 59, and Case of Gudiel Álvarez et al. (Diario Militar) v. Guatemala. Merits, reparations
and costs. Judgment of November 20, 2012. Series C No. 253, para. 195.
125
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