Movilla Galarcio was deprived of his liberty by agents of the State or by persons acting with its
authorization, support or acquiescence.
136. Secondly, the disappearance was reported on May 17, 1993, and the next day a petition
for a writ of habeas corpus was filed on behalf of Mr. Movilla, which was rejected two days later
(supra paras. 80 and 81). The authorities made certain attempts to locate the victim at the end
of May 1993 and in the ensuing months (supra para. 83), but then did not undertake further
investigations until several years later. Indeed, the State has acknowledged that it did not make
diligent efforts to find Mr. Movilla until 2019 (supra paras. 14, 17, 19, 30, 33, 34 and 39). The
Court deems the State’s failure to take sufficient action after Mr. Movilla’s disappearance was
reported and a petition for habeas corpus filed, constituted a refusal to investigate the report of
his detention and possible disappearance, and to acknowledge the detention.
137. Based on what has been said so far, the Court finds that the State is responsible for the
forced disappearance of Mr. Movilla for two reasons: because it failed to fulfill its obligation to
respect rights,157 and also to guarantee the rights affected by the human rights violation (supra
paras. 117 and 120). Yet to be assessed is the alleged non-compliance with Article 2 of the
American Convention and I d) of the IACFDP, which call for the adoption of domestic legal
provisions or measures to comply with the commitments assumed under the Convention. 158
138. Under Article 2 of the Convention, States are required to adapt their domestic legislation
in order to guarantee the rights enshrined in the treaty. This obligation entails the development
and/or suppression of both norms and practices, in such a way as to achieve the effective
guarantee of rights.159 It has been established (supra para. 69) that by May 1993 State security
forces, based on the concept of “the enemy within” associated with the doctrine of national
security, carried out attacks against persons linked to trade unions or the political left. These
practices were supported by regulations that, at least in part, remained in effect during that
period. Such was the case, as has been stated (supra para. 57), of the “1978 Combat Intelligence
Manual (M.I.C.) EJC 2-3” and the “1987 Counterguerrilla Combat Regulations EJC-3-10, of the
General Command of the Military Forces – Provision 036 of November 12, 1987.” Although the
State has refused to provide copies of these regulations (supra para. 57), which prevents the
Court from examining and ruling directly on them, this Court can consider the State practice
associated with the texts or the interpretation thereof.
139. As the Court has ruled on a previous occasion, the contents of regulations such as those
examined here, “or their practical application,” resulted in a breach of the State’s obligation to
adapt its domestic legal order to the American Convention. Specifically, in failing to comply with
Article 2, the State in question “was in breach of its obligation to guarantee human rights in a
The Court has proceeded in a similar manner on previous occasions, holding an act of forced disappearance to
be proven based on: (i) the context of the facts of the case, which pointed to the commission of forced disappearances
against a certain group of people associated with certain political groups; (ii) the fact that the victim in question had
been subject to investigation and surveillance by the State; (iii) the fact that the State did not offer a different hypothesis
(other than that of the disappearance having been committed by state agents); and, iv) the fact that a long time had
elapsed and the victim’s whereabouts remained unknown. The Court has adjudged the criteria for a forced disappearance
to have been met (supra para. 119) when, even though it was established that State agents detained the victim, for a
long time the State authorities failed to provide information on his whereabouts or offer a “different hypothesis” of the
facts. (Cf. Case of Terrones Silva et al. v. Peru, supra, paras. 147 to 157.)
158
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs. Judgment of May 30, 1999. Series C
No. 52, para. 207; Case of Maidanik et al. v. Uruguay, supra, para. 146, and Case of the National Federation of Maritime
and Port Workers (FEMAPOR) v. Peru, supra, para. 99.
159
The Court has affirmed, in effect, that the obligation to comply with Article 2 of the Convention implies the
adoption of measures of two kinds, namely: (i) the elimination of any norms and practices that in any way violate the
guarantees provided under the Convention; and (ii) the promulgation of norms and the development of practices
conducive to effective observance of those guarantees. Cf. Case of Castillo Petruzzi et al. v. Peru, supra, para. 207; Case
of Isaza Uribe et al. v. Colombia, supra, footnote 141, and Case of the National Federation of Maritime and Port Workers
(FEMAPOR) v. Peru, supra, para. 99.
157
37
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