declare that the State violated Articles 3, 4(1), 5(1), 5(2) and 7 of the American
Convention, read in conjunction with Article (1) thereof, as well as Article I(a) of the
IACFDP.
111. The State admitted that “coinciding and relevant evidence confirms the complaint
regarding the forced disappearances” of Mr. González González and Mr. Tassino
Asteazú.135
B. Considerations of the Court
B.1 General considerations on the forced disappearance of persons
112. The Court’s consistent case law holds that the forced disappearance of persons is a
serious violation of human rights136 that is comprised of three concurring elements: (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 whereabouts of
the affected person.137
113. The Court, in the examination of a prior case involving Uruguay, stated that forced
disappearances are a continuing or permanent act that extends until the whereabouts
of the victims are known or until their remains have been found and while their identity
has not been clearly ascertained.138
114. The Court has also pointed out the manifold nature of forced disappearance with
respect to the rights recognized in the American Convention. 139 It is a complex and
The State explained that such confirmations were given by the Secretariat of Human Rights for the
Recent Past from the investigations by the Peace Commission. It indicated that, with respect to both victims,
“on August 2, 20006, it issued a certificate of absence for forced disappearance, pursuant to Law 17,894 of
September 14, 2005.”
135
136
Cf. Case of Goiburú et al. v. Paraguay. Merits, Reparations and Costs. Judgment of September 22,
2006. Series C No. 153, para. 84; Case of Gelman v. Uruguay. Merits and Reparations, para. 64 and Case of
Alvarado Espinoza et al. v. Mexico. Merits, Reparations and Costs. Judgment of November 28, 2018. Series C
No. 370, paras. 173, 176 and 178.
Cf. Case of Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005.
Series C No. 136, para. 97; Case of Tenorio Roca et al. v. Peru. Preliminary Objections, Merits, Reparations
and Costs. Judgment of June 22, 2016. Series C No. 314, para. 141 and Case of Garzón Guzmán et al. v.
Ecuador. Merits, Reparations and Costs. Judgment of September 1, 2021. Series C No. 434, para. 62. Articles
II and III of the Inter-American Convention on Forced Disappearance of Persons define forced disappearance as
follows:
137
Depriving a person or persons of his or their freedom, in whatever way, perpetrated by agents of the
state or by persons or group of persons acting with the authorization, support or acquiescence of the
state, followed by the absence of information or a refusal to acknowledge that deprivation of freedom
or to give information on the whereabouts of that person, thereby impeding his or her recourse to the
applicable legal remedies and procedural guarantees.
[…]
This offense shall be considered continuous or permanent as long as the fate or whereabouts of the
victim has not been determined.
Cf., Case of Gelman v. Uruguay. Merits and Reparations, paras. 66 to 73. See also, among others:
Case of Velásquez Rodríguez v. Honduras. Merits, paras. 155 to 157; 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 Garzón Guzmán et al. v. Ecuador, para. 62.
138
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, paras. 155 to 157 and Case of Garzón Guzmán
et al. v. Ecuador, para. 62.
139
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