62
f)
100.
101.
102.
the refusal by security agencies to provide information on the whereabouts of
the alleged victims and to acknowledge the irregular deprivation of freedom
constitutes one of the elements of forced disappearance of persons, which led
to the proven extra-legal execution of some of them.
Regarding Article 5 of the Convention, the Commission alleged that:
a)
the violation of physical and mental integrity was effected through the
circumstances in which the detention of the alleged victims occurred, as well
as during their transportation and for as long as they were detained;
b)
at the time of the events, the Army was following a systematic and
generalized practice whereby those suspected of belonging to subversive
groups were clandestinely detained without informing competent authorities
and submitted to torture or mistreatment. Eventually, it was decided whether
or not to release them, and they were arbitrarily executed or vanished;
c)
there was lack of due diligence on the part of the State, since after the
complaints were filed, it failed to conduct an investigation pursuant to the
principles of due process to elucidate the facts and punish those physically
and intellectually responsible for them, and
d)
the mental and moral integrity of the alleged victims' next of kin was affected
as a direct consequence of the purported illegal and arbitrary detention of the
alleged victims; the lack of information on their whereabouts; their
disappearance and, in some cases, death at the hands of state agents; and
the failure to investigate the events.
Regarding Article 4 of the Convention, the Commission alleged that:
a)
the State violated the right to life, inasmuch as the teacher and the nine
students were alive at the time of their detention by members of the armed
forces, and were later found dead and buried in clandestine graves, besides
the fact that four of them are still missing;
b)
it is valid to conclude that the disappearance and death of the alleged victims
was not an isolated event but a disappearance and/or extra-legal execution
perpetrated by members of the military within the framework of a pattern of
extra-legal executions and forced disappearances that were taking place at
the time, and
c)
the State is responsible for the violation of the right to life for failing to
properly investigate the events mentioned above.
Regarding to Article 3 of the Convention, the Commission alleged that:
a)
the practice of forced disappearances, initially perpetrated against all the
victims of the instant case and the situation of extreme vulnerability they had
to face, necessarily affected their right to the recognition of juridical
personality;
b)
in accordance with the evidence on record, when the victims were detained by
State agents or persons related to it and later vanished, they were also
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