38
80.
The Court in Chapter VI concluded that the State acknowledged its
international responsibility for the violation of Articles 4(1), 5(1) and 5(2) and 7(1),
7(2), 7(3), 7(4) and 7(5) of the American Convention, in relation with Article 1(1) of
said instrument, in detriment of Marco Antonio Servellón García, Rony Alexis
Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García Sánchez,
and Articles 5(5) and 19 of the Convention, in detriment of Marco Antonio Servellón
García and Rony Alexis Betancourth Vásquez. Based on the aforementioned, the
Court will not summarize the arguments presented by the Commission, the
representatives, and the State.
Considerations of the Court
81.
Article 7 of the American Convention states 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 office
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.
[…]
82.
Article 5 of the American Convention establishes that:
1.
Every person has the right to have his physical, mental, and moral integrity
respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment
or treatment. All persons deprived of their liberty shall be treated with respect for the
inherent dignity of the human person.
[…]
5.
Minors while subject to criminal proceedings shall be separated from adults and
brought before specialized tribunals, as speedily as possible, so that they may be treated in
accordance with their status as minors.
[…]
83.
Article 4 of the Convention states that
[e]very person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily deprived
of his life.
[…]