26
62.
Generally, the politics of “abduction of minors” took place in the following
stages: a) the children were abducted "from their parents when they could be
suspected of having ties to subversive or dissident politicians of the de facto regime,
pursuant to the intelligence reports, or were abducted during the clandestine
detention of their mother," b) later they were taken to "places situated within the
grounds of the armed force, or under their control," c) the "abducted minors [of age]
were given to members of the armed or security forces, or to third parties, with the
intention that they be remain hidden from their legitimate guardians," d) "in the
framework of the ordered abductions, and with the intention of hindering the
reestablishment of the family bond, the civil status of the children was suppressed,
registering them as children of those who had them or were hiding them," and e)
"false information was stated in the documents and birth certificates of the minors
[of age] to accredit their identities." 61
63.
As of the results achieved by the illegal kidnapping and abductions, these
could correspond a) to a form of trafficking for the irregular adoption of children, b)
to a form of punishment for their parents or grandparents due to an ideology that
opposed the authoritarian regime or, c) a deeper, ideological motivation, in relation
to a willingness to forcefully transfer the children of members of opposition groups,
in that way avoiding that the families of the disappeared persons could develop
"potentially subversive elements." 62
C.
Enforced disappearance as a multiple and continuing human rights
violation and the duties of respect and guarantee
64. Due to the particular relevance of the transgressions that it entails and the
nature of the injured rights, the concept of enforced disappearance of persons has
been consolidated, internationally, as a serious human rights violation. 63
61
Cf. Federal Court on Criminal and Correctional Matters No 1, Secretariat 2, San Isidro, Argentina,
Claim No. 1284/85, supra note 60; Judgment for crimes against humanity in the Case of Adolfo Scilingo,
supra note 58.
62
63
Cf. IACHR, Annual Report of the Inter-American Commission on Human Rights, supra note 58.
Cf. Case of Goiburú et al., supra note 23, para. 84; Case of Case of Chitay Nech et al. V. Guatemala.
Preliminary Objections, Merits, Reparations and Costs. Judgment of May 25, 2010. Series C No. 212, para.
86, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 61.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos