regards the lack of actions to search for their whereabouts through efficient investigations and the impossibility
of resources being brought in his favor before the State's refusal of the fact that he is in his custody.
116.
In relation to the characteristics of forced disappearance, it has the following concurring and
constituting elements: i) deprivation of liberty; ii) direct involvement of governmental officials or by
acquiescence, and iii) refusal to acknowledge the deprivation of liberty and to disclose the fate and
whereabouts of the person concerned.91
117.
Next, the Commission will determine whether what happened to César Gustavo Garzón
Guzmán constituted a forced disappearance, in light of each of the elements described. Taking into
consideration the characteristics of the case at hand, wherein the controversy lies in the existence or not of
evidence about the deprivation of liberty by state agents, the Commission considers pertinent to analyze the
two first elements in conjunction.
1.
In relation to the deprivation of liberty by State agents
118.
The Commission observes that in accordance with the available testimonial evidence, the last
place where Mr. Garzón Guzmán was seen was the discotheque “La Candela”, between the night of November
9, 1990 and the early morning of the following day. There is no direct evidence about the fact that Mr. Garzón
Guzmán was deprived of liberty by state agents in said place or while leaving the place, thus, the Commission
will analyze if the constitutive elements are present in light of the indicative and circumstantial evidence. As
previously stated, this evidence is especially relevant in cases of forced disappearance of persons because of
the nature of this violation.
119.
First, the Commission highlights a series of contextual elements that are supported by the
report of the Truth Commission. As indicated in the proven facts, in the immediate years before the
disappearance, there was a context of state repression of subversion under the doctrine of national security,
and in accordance, certain persons or groups of persons were considered domestic enemies. These persons
were victims of grave human rights violations in a selective manner, based on said doctrine. Among these
groups, the Truth Commission identified “Alfaro Vive Carajo” and “Montoneras Patria Libre”92 In relation to the
types of violations recorded by the Truth Commission, forced disappearance was highlighted as one type.
Finally, in relation to the context, the Commission observes that in the year of 1990, when Mr. Garzón Guzmán
disappeared, both military and police repressive structures persisted.
120.
Second, there are various elements that connect Mr. Garzón Guzmán to said context. On the
one hand, the alleged victim was released after being detained in the Garcia Moreno prison in connection with
various crimes, two months before his disappearance. In addition, in the context of his detainment prior to his
disappearance, the alleged victim was officially qualified as “subversive” and associated with the “Alfaro Vive
Carajo” and “Montoneras Patria Libre” groups. On the other hand, according to the statement made by Liliana
Vázconez Vaca, when she was interviewed by the Police approximately one month after the disappearance of
Mr. Garzón Guzmán in the framework of its investigation, various agents threatened her and associated her
with the alleged victim, qualifying her as an active member of the “Montoneras Patria Libre” group. The
Commission also highlights that one friend that accompanied the alleged victim in the discotheque “Son
Candela” the day of the events, expressed that Mr. Garzón Guzmán commented to him that “I know that I’m
being followed, the agents are closely following my steps”. From all these elements, the Commission
understands that Mr. Garzón Guzmán was identified by the security agencies of the State precisely as a member
of the subversive groups that were the target of the afore-mentioned repression.
91 I/A Court H.R., Case Gómez Palomino v. Peru. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No.
136, para. 97; Case of Ticona Estrada v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008. Series C No. 191, para. 55;
and Case of Anzualdo Castro v. Peru. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of September 22, 2006. Series C No.
202, para. 60.
92 See Application filed by the Inter-American Commission on Human Rights before the Inter-American Court of Human Rights
in the case of Consuelo Benavidez (10.476) against the Republic of Ecuador, these facts are referenced.
20