V.
ANALYSIS OF LAW
A.
Right to juridical personality, to personal liberty, to humane treatment, and to life
(Articles 3, 7, 5, and 4 of the American Convention) in connection with the obligation
to respect and guarantee the rights (Article 1.1 of the same instrument); and InterAmerican Convention on Forced Disappearance of Persons (Article I.a)
205.
The articles of the American Convention referred to in the above heading read as follows:
Article 3. Right to Juridical Personality
Every person has the right to recognition as a person before the law.
Article 7. Right to Personal Liberty
1.
2.
3.
4.
5.
Every person has the right to personal liberty and security.
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.
No one shall be subject to arbitrary arrest or imprisonment.
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.
Any person detained shall be brought promptly before a judge or other officer
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.
[…]
Article 5. Right to Humane Treatment
1.
2.
Every person has the right to have his physical, mental, and moral integrity respected.
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.
Article 4. Right to Life
1.
Every 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.
Article 1.1 of the Convention establishes the following:
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race, color,
sex, language, religion, political or other opinion, national or social origin, economic status,
birth, or any other social condition.