50
verbally express his pain opting to find solace in writing his poems.
135. The facts of the case reveal the serious interference by the State in the family
of Mr. Gelman, which violated the right to protection of the family, by making it
impossible or difficult for him to be with his family and reestablish a relationship with
it. His search for justice is paradigmatic in these kinds of situations of enforced
disappearance, and it is first and foremost thanks to his own actions that the facts of
this case have been revealed.
136. Finally, in relation with Article 11 of the Convention, the Tribunal considers
that the Commission and the representatives have not provided clear and different
arguments than those argued regarding the alleged violations of the rights analyzed
and that head to the judicial content of this norm. In any case, the Court deems that
it is not fit to analyze the facts of the present case under the Article 11 of the
Convention.
E.
Conclusion
137. The Court declares that the State is responsible for having violated, from the
birth of María Macarena Gelman García until the moment that she recovered her true
and legitimate identity, the right to juridical personality, to life, to personal integrity,
to personal liberty, to family, to a name, to the rights of the child, and to nationality,
recognized in Articles 3, 4, 5, 7, 17, 18, 19, and 20(3) of the Convention, in relation
to Articles 1(1) therein, and I and XI of the Inter-American Convention on the Forced
Disappearance of Persons, to her detriment.
138. Moreover, the State is responsible for the violation of the rights to personal
integrity and family, recognized in Articles 5 and 17 of the American Convention, in
relation to Article 1(1), to the detriment of Mr. Juan Gelman.
VI.3
RIGHT TO A FAIR TRIAL [JUDICIAL GUARANTEES] AND JUDICIAL
PROTECTION IN RELATION WITH THE OBLIGATION TO RESPECT RIGHTS,
THE DUTY TO ADOPT DOMESTIC LEGAL EFFECTS, AND OBLIGATIONS TO
INVESTIGATE OF THE AMERICAN CONVENTION AND THE INTER-AMERICAN
CONVENTION ON FORCED DISAPPEARANCES OF PERSONS.
139. In the present section, the Tribunal will examine the allegations referring to
the right to access justice and the obligation to realize effective investigations in
accordance with the characterization of the facts, under the established in Articles
1(1), 2, 8(1), and 25 of the Convention, and I and XI of the Inter-American
Convention on Forced Disappearances of Persons.
A. Arguments and claims of the parties.
140.
The Commission argued that:
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