IV. A. LEGAL ANALYSIS Rights to recognition of juridical personality, personal liberty, personal integrity, life, judicial guarantees, and judicial protection (Articles 3, 7, 5, 4, 8.1, and 25.1 of the American Convention) in conjunction with obligation to respect and guarantee rights Article 1.1 of the same instrument83); and Articles 1.a and b84 of the IACFDP.) 64. In its consistent case law on cases of forced disappearance of persons, the inter-American system for protection of human rights has reiterated that it constitutes an illegal act that gives rise to a multiple and continuing violation of several rights protected by the American Convention and places the victim in a state of complete defenselessness, giving rise to other related crimes. The State’s international responsibility is increased when the disappearance forms part of a systematic pattern or practice applied or tolerated by the State. It amounts, in short, to a crime against humanity, entailing a crass departure from the core principles upon which the inter-American system is founded.85. 65. Thus the States have an obligation not to practice or tolerate the forced disappearance of persons under any circumstances. Furthermore, they must take reasonable steps to prevent the commission of this crime, conduct a serious investigation when it is committed in order to identify those responsible and punish them accordingly, and ensure appropriate reparation in respect of the victim.86 These obligations are explicitly stated in Article 1 of the Inter-American Convention on Forced Disappearance of Persons. 66. In keeping with its consolidated case law, the Commission finds that forced disappearance is a complex human rights violation that continues in time so long as the whereabouts of the victim or of their The provisions of the American Convention referred to in the title above provide as follows: Article 3. Right to Juridical Personality: Every person has the right to recognition as a person before the law. Article 4. Right to Life. 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. Article 5. Right to Humane Treatment. 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. Article 7. Right to Personal Liberty: 1.Every person has the right to personal liberty and security. Article 8. Judicial Guarantees 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. Article 25. Judicial protection 1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. Article 1.1. The 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. 84 Those articles establish the following: The States Parties to this Convention undertake to: a) Not to practice, permit, or tolerate forced disappearance of persons, not even in a state of emergency, exception, or suspension of individual guarantees; b) To punish in their sphere of jurisdiction the perpetrators, accomplices, and .after the fact of the crime of forced disappearance of persons, as well as the attempt to commit it. 85 IACHR. Report 101/01. Case 10.247 and others. Extra-legal Executions and forced disappearance of persons. Peru. October 10, 2001. Para. 178; IACHR. Application before the Inter-American Court of Human Rights, Case No. 11.324, Narciso González Medina et al. , the Dominican Republic, May 2, 2010, para. 103; IACHR. Application before the Inter-American Court, Case No. 12.517, Gregoria Herminia Contreras et al., El Salvador, June 28, 2010, para. 131; I/A Court H.R., Case of Goiburú et al. Judgment on Merits, Reparations and Costs Judgment of September 22, 2006. Series C No. 153. Para. 82; I/A Court H.R., Case of Gómez Palomino. Judgment of November 22, 2005. Series C No. 136. Para. 92; I/A Court H.R., Case of the Serrano Cruz Sisters. Preliminary Objections. Judgment of November 23, 2004. Series C No. 118, paras. 100 to 106; I/A Court H.R., Case of Molina Theissen. Reparations (Art. 63(1) of the American Convention on Human Rights). Judgment of July 3, 2004, Series C No. 108, para. 41. 86 I/A Court H.R. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, par. 174; Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations, and Costs, Judgment of September 22, 2009. Series C No. 202, para. 62; and Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment of November 23, 2009. Series C No. 209, para. 142. 83 18