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191. The duty to investigate facts of this type continues as long as there is uncertainty about
the fate of the person who has disappeared. Even in the hypothetical case that those individually
responsible for crimes of this type cannot be legally punished under certain circumstances, the
State is obligated to use the means at its disposal to inform the relatives of the fate of the victims
and, if they have been killed, the location of their remains.
192. There exists sufficient proof, and the Court has so stated, to conclude that the
disappearance of Saúl Godínez was carried out by individuals who acted under cover of public
authority. However, even had that fact not been proven, the circumstance that the State
apparatus created a climate in which the crime of enforced disappearance was impunely
committed and that, after the disappearance of Saúl Godínez, the failure to act, which is clearly
proven, is a failure on the part of Honduras to fulfill the duties it assumed under Article 1 (1) of
the Convention, which obligated it to ensure Saúl Godínez the free and full exercise of his human
rights.
193. The Court notes that the legal order of Honduras does not authorize such acts and that
internal law defines them as crimes. The Court also recognizes that not all levels of the
Government of Honduras were necessarily aware of those acts, nor is there any evidence that
such acts were the result of official orders. Nevertheless, those circumstances are irrelevant for
the purposes of establishing whether Honduras is responsible under international law for the
violations of human rights perpetrated within the practice of disappearances.
194. According to the principle of the continuity of the State in international law, responsibility
exists both independently of changes of government over a period of time and continuously from
the time of the act that creates responsibility to the time when the act is declared illegal. The
foregoing is also valid in the area of human rights although, from an ethical or political point of
view, the attitude of the new government may be much more respectful of those rights than that
of the government in power when the violations occurred.
195. The Court, therefore, concludes that the facts found in this proceeding show that the State
of Honduras is responsible for the involuntary disappearance of Saúl Godínez Cruz. Thus,
Honduras has violated Articles 7, 5 and 4 of the Convention.
196. As a result of the disappearance, Saúl Godínez was the victim of an arbitrary detention,
which deprived him of his physical liberty without legal cause and without a determination of the
lawfulness of his detention by a judge or competent tribunal. Those acts directly violate the right
to personal liberty recognized by Article 7 of the Convention (supra 163) and are a violation
imputable to Honduras of the duties to respect and ensure that right under Article 1 (1).
197. The disappearance of Saúl Godínez violates the right to personal integrity recognized by
Article 5 of the Convention (supra 164). First, the mere subjection of an individual to prolonged
isolation and deprivation of communication is in itself cruel and inhuman treatment which harms
the psychological and moral integrity of the person, and violates the right of every detainee under
Article 5 (1) and 5 (2) to treatment respectful of his dignity. Second, although it has not been
directly shown that Saúl Godínez was physically tortured, his capture by governmental authorities,
who have been shown to subject detainees to indignities, cruelty and torture, constitutes a failure
of Honduras to fulfill the duty imposed by Article 1 (1) to ensure the rights under Article 5 (1) and
5 (2) of the Convention. The guarantee of physical integrity and the right of detainees to
treatment respectful of their human dignity require States Parties to take reasonable steps to
prevent situations which are truly harmful to the rights protected.
198. The above reasoning is applicable to the right to life recognized by Article 4 of the
Convention (supra 165). The context in which the disappearance of Saúl Godínez occurred and
the lack of knowledge six and a half years later about his fate create a reasonable presumption