physical integrity, 318 and personal liberty, 319 in relation to the obligation to respect rights
established in Article 1(1) 320 of the American Convention, as well as of Articles I 321, III 322
and XI 323 of the Inter-American Convention on Forced Disappearance, to the detriment of
each of them, and also of Carlos Augusto Rodríguez Vera and Irma Franco Pineda.
228. In its case law, this Court has developed the concept that the crime of forced
disappearance violates multiple norms, and that it is of a permanent or continuing nature,
which means that the forced disappearance subsists until the whereabouts of the
disappeared person are discovered or their remains are reliably identified. 324 While the
disappearance continues, States have the correlative obligation to investigate it and,
eventually, to punish those responsible based on the obligations arising from the American
Convention and, in particular, the Inter-American Convention on Forced Disappearance.
229. Hence, the analysis of forced disappearance must encompass the whole series of facts
presented to the Court’s consideration. It is only thus that the legal analysis of forced
disappearance is consequent with the complex violation of human rights that it entails, 325
with its permanent nature, and with the need to consider the context in which the facts
occurred, in order to analyze its effects over time and to examine its consequences
318
The relevant part of Article 5 of the American Convention establishes that: “1. Every person has the right to
have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel,
inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect
for the inherent dignity of the human person.”
319
Article 7(1) of the American Convention establishes that: “[e]very person has the right to personal liberty and
security.”
320
Article 1(1) of the American Convention establishes that: “[t]he States Parties to this Convention undertake to
respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free
and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language,
religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.”
321
Article I of the Inter-American Convention on Forced Disappearance of Persons establishes that: “[t]he States
Parties to this Convention undertake: (a) Not to practice, permit, or tolerate the forced disappearance of
persons, even in states of emergency or suspension of individual guarantees; (b To punish within their
jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and
their accomplices and accessories; (c) To cooperate with one another in helping to prevent, punish, and
eliminate the forced disappearance of persons; (d) To take legislative, administrative, judicial, and any other
measures necessary to comply with the commitments undertaken in this Convention.”
322
Article III establishes that: “[t]he States Parties undertake to adopt, in accordance with their constitutional
procedures, the legislative measures that may be needed to define the forced disappearance of persons as an
offense and to impose an appropriate punishment commensurate with its extreme gravity. This offense shall be
deemed continuous or permanent as long as the fate or whereabouts of the victim has not been determined.
The States Parties may establish mitigating circumstances for persons who have participated in acts constituting
forced disappearance when they help to cause the victim to reappear alive or provide information that sheds
light on the forced disappearance of a person.”
323
Article XI of the Inter-American Convention on Forced Disappearance of Persons establishes that: “[e]very
person deprived of liberty shall be held in an officially recognized place of detention and be brought before a
competent judicial authority without delay, in accordance with applicable domestic law. The States Parties shall
establish and maintain official up-to-date registries of their detainees and, in accordance with their domestic
law, shall make them available to relatives, judges, attorneys, any other person having a legitimate interest,
and other authorities.”
324
Cf. inter alia, Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4,
paras. 155 to 157, 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. 31.
325
Cf. Case of Heliodoro Portugal v. Panama. Preliminary objections, merits, reparations and costs. Judgment of
August 12, 2008. Series C No. 186, para. 112, 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. 116.
76
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