29
affront to the conscience of the hemisphere and constitutes a crime against humanity" (AG/RES.
666, supra) and that "this practice is cruel and inhuman, mocks which guarantee protection
against arbitrary detention and the right to personal security and safety" (AG/RES. 742, supra).
162. Without question, the State has the right and duty to guarantee its security. It is also
indisputable that all societies suffer some deficiencies in their legal orders. However, regardless of
the seriousness of certain actions and the culpability of the perpetrators of certain crimes, the
power of the State is not unlimited, nor may the State resort to any means to attain its ends. The
State is subject to law and morality. Disrespect for human dignity cannot serve as the basis for
any State action.
163. The forced disappearance of human beings is a multiple and continuos violation of many
rights under the Convention that the States Parties are obligated to respect and guarantee. The
kidnapping of a person is an arbitrary deprivation of liberty, and infringement of a detainee's right
to be taken without delay before a judge and to invoke the appropriate procedures to review the
legality of the arrest, all in violation of Article 7 of the Convention which recognizes the right to
personal liberty by providing that:
1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the reasons and
under the conditions established beforehand by the constitution of the State Party
concerned or by a law established pursuant thereto.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4.
Anyone who is detained shall be informed of the reasons for his detention
and shall be promptly notified of the charge or charges against him.
5.
Any person detained shall be brought promptly before a judge or other
officer authorized by law to exercise judicial power and shall be entitled to trial
within a reasonable time or to be released without prejudice to the continuation of
the proceedings.
His release may be subject to guarantees to assure his
appearance for trial.
6.
Anyone who is deprived of his liberty shall be entitled to recourse to a
competent court, in order that the court may decide without delay on the
lawfulness of his arrest or detention and order his release if the arrest or
detention is unlawful. In States Parties whose laws provide that anyone who
believes himself to be threatened with deprivation of his liberty is entitled to
recourse to a competent court in order that it may decide on the lawfulness of
such threat, this remedy may not be restricted or abolished. The interested party
or another person in his behalf is entitled to seek these remedies.
164. Moreover, prolonged isolation and deprivation of communication are in themselves cruel
and inhuman treatment, harmful to the psychological and moral integrity of the person and a
violation of the right of any detainee to respect for his inherent dignity as a human being. Such
treatment, therefore, violates Article 5 of the Convention, which recognizes the right to the
integrity of the person by providing that:
1.
Every person has the right to have his physical, mental, and moral
integrity respected.