57
have the possibility of filing a simple and effective remedy109 on his own, such that
he could assert his right to personal liberty and possibly avoid the violation of his
rights to humane treatment and to life (infra 121 to 124). As this Court has pointed
out, this person was “in the power of agents of the State and, therefore, the latter
was under the obligation to create the necessary conditions for any remedy to attain
effective results,”110 thus breaching Article 7(6) in combination with Article 25, both
of the American Convention, to the detriment of Juan Humberto Sánchez.
86.
This Court established that Juan Humberto Sánchez was detained by the
Honduran army in at least one clandestine detention center, thus violating Article 7
of the Convention (supra 70.8). In this case, if Juan Humberto Sánchez was detained
because he was a collaborator of the Salvadoran guerrilla and because he was
allegedly “dangerous” (supra 70.16), the detainee should have been ensured the
guarantees of any State where the rule of law prevails and through a legal
proceeding. This Court has pointed out before that while the State has the right and
the obligation to guarantee its security and to maintain public order, its power is not
unlimited, as it has the duty, at all times, of applying procedures that are in
accordance with the Law and that respect the fundamental rights of all individuals
under its jurisdiction111 and, in this regard, it must conduct its actions “within limits
and according to procedures that preserve both public safety and the fundamental
rights of the human person.”112
87.
With respect to the detention of the stepfather of the alleged victim, Juan
José Vijil Hernández, it has been proven that he was taken from his community to
the capital city without being able to inform his next of kin and that he was detained
for at least two days, during which he was taken to the Office of the Attorney
General to render a statement on the activities of his stepson, Juan Humberto
Sánchez (supra 70.13, 70.14 and 70.15). In light of the above, the Court concludes
that the detention of Juan José Vijil Hernández was illegal and arbitrary, in violation
of Article 7 of the American Convention.
88.
As a consequence of the above, the Court finds that the State breached
Article 7(1), Article 7(2), Article 7(3), Article 7(4), Article 7(5), Article 7(6) and the
latter in combination with Articles 25 and Article 1(1) of the American Convention on
Human Rights, to the detriment of Juan Humberto Sánchez, and Article 7 in
combination with Article 1(1) to the detriment of Juan José Vijil Hernández.
IX
VIOLATION OF ARTICLE 5
IN COMBINATION WITH ARTICLE 1(1)
(RIGHT TO HUMANE TREATMENT)
Pleadings of the representatives of the alleged victim
109
Cf. Case of the “White Van” (Paniagua Morales et al.). Judgment of March 8, 1998. Series C No.
37, para. 165.
110
Cf. Bámaca Velásquez Case, supra note 25, para. 194; and Case of the “White Van” (Paniagua
Morales et al.), supra note 109, para. 167.
111
Cf. Hilaire, Constantine and Benjamin et al. Case, supra note 4, para. 101; Bámaca Velásquez
Case, supra note 25, para. 174; and Durand and Ugarte Case, supra note 104, para. 69.
112
Cf. Bámaca Velásquez Case, supra note 25, para. 143; Durand and Ugarte Case, supra note 104,
para. 69; and Castillo Petruzzi et al. Case, supra note 107, paras. 89 and 204.
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