43 * * * 99. The previous consideration lead the Court to conclude that the State is responsible for the violation of the right to personal liberty enshrined in Article 7(1), 7(2), 7(3), 7(4), and 7(6) of the American Convention in relation to Article 1(1) of said treaty, in detriment of Mr. Alfredo López Álvarez. IX VIOLATION OF ARTICLE 5(1) OF THE AMERICAN CONVENTION IN RELATION TO ARTICLE 1(1) OF THE SAME (Right to Personal Integrity and Obligation to Respect Rights) 100. Arguments of the Commission: a) Respect to the physical and moral integrity of the alleged victim: i) Mr. López Álvarez claimed he was coerced by police agents in the offices of the Department of Criminal Investigation, through physical and mental mistreatment so that he would incriminate himself. However, there is no evidence that the courts of justice urged the competent employees to carry out an investigation on the facts claimed; ii) Mr. López Álvarez was not allowed to speak in his native language while he was in the Criminal Center of Tela and his participation in the Committee of Defense for the Rights of the Inmates (CODIN) was prohibited, when he was transferred to the National Penitentiary of Támara, in Puerto Cortés, which is a violation to the right to personal integrity; iii) Mr. Alfredo López Álvarez was submitted to a period of preventive detention that escapes any reasonable parameter and he was later acquitted based on facts occurred in 1998 and that were recorded in the criminal process followed against him. This equals the application of inhumane treatment that affected the personal dignity and integrity of the alleged victim and caused a serious alteration in the course his life would have followed, and iv) Mr. López Álvarez was subject to continuous psychological torture for more than six years, for having been deprived of his liberty despite being innocent. b) Mr. Alfredo López Álvarez was imprisoned along with persons that had already been sentenced. 101. Arguments of the representatives: a) Regarding the physical, mental, and moral integrity of Mr. Alfredo López Álvarez: i) the violations to the physical, mental, and moral integrity of Mr. López Álvarez are a consequence of the inhumane treatment suffered at the time

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos