uncertainty before society and the State. 100
106. In this case, Mr. Torres Millacura was placed in a situation of juridical uncertainty
that quashed his opportunity to be a bearer of rights or exercise those rights effectively
in general, this constituting one of the most serious forms of State noncompliance with
the obligation to respect and guarantee human rights. 101 This translated into a violation
of this individual’s right to recognition of juridical personality established in Article 3 of
the American Convention.
107. Therefore, given the foregoing, the Court finds that the State violated the rights
recognized in Articles 3, 4(1), 5(1), 5(2) and 7(1), and 7(3) of the American Convention,
in relation to Articles 1(1) and 2 thereof, all in relation to the obligations established in
Articles I.a) 102 , II 103 and XI 104 of the Inter-American Convention on Forced
Disappearance of Persons, to the detriment of Mr. Iván Eladio Torres Millacura.
B.4.
Final Considerations.
108. Therefore, the Tribunal concludes that Argentina incurred international
responsibility for the detentions of Mr. Iván Eladio Torres Millacura carried out on
September 26, 2003, in “September” of that year, and on October 2, 2003, after which
he was forcibly disappeared, in violation of the rights recognized in Articles 3, 4(1), 5(1),
5(2), 7(1), 7(2), and 7(3) of the American Convention, in relation to Articles 1(1) and 2
of the Convention, to the detriment of Iván Eladio Torres Millacura. Likewise, the Court
finds that these facts also comprise international State responsibility for failure to comply
with the obligations established in Articles I.a) and XI of the Inter-American Convention
on Forced Disappearance of Persons.
IX
100
Cf. Case of Anzualdo Castro V. Perú, supra note 71, para. 57; Case of Chitay Nech et al. V.
Guatemala, supra note 69, para. 98, and Case of Ibsen Cárdenas and Ibsen Peña V. Bolivia, supra note 14,
para. 98.
101
Cf. Case of Anzualdo Castro V. Perú, supra note 71, para. 101; Case of Chitay Nech et al. V.
Guatemala, supra note 69, para. 102, and Case of Ibsen Cárdenas and Ibsen Peña V. Bolivia, supra note 14,
para. 102.
102
This Article states that:
The States Parties to this Convention undertake:
a) Not to practice, permit, or tolerate the forced disappearance of persons, even in states of
emergency or suspension of individual guarantees;
[…]
103
This provision establishes that:
For the purposes of this Convention, forced disappearance is considered to be the act of
depriving a person or persons of his or their freedom, in whatever way, perpetrated by
agents of the state or by persons or groups of persons acting with the authorization, support,
or acquiescence of the state, followed by an absence of information or a refusal to
acknowledge that deprivation of freedom or to give information on the whereabouts of that
person, thereby impeding his or her recourse to the applicable legal remedies and procedural
guarantees.
104
This Article notes that:
Every person deprived of liberty shall be held in an officially recognized place of detention and be
brought before a competent judicial authority without delay, in accordance with applicable domestic
law.
The States Parties shall establish and maintain official up-to-date registries of their detainees and, in
accordance with their domestic law, shall make them available to relatives, judges, attorneys, any
other person having a legitimate interest, and other authorities.
33
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos