64
e)
the lack of proper and effective investigation into the facts with due diligence
did not only arise from the negligence and omissions of judicial operators
during the investigations but also from the fact that certain mechanisms
designed to cover up for both the direct perpetrators and the instigators of
the facts of the instant case.
Arguments of the State:
104. The State acquiesced to the violation of Articles 3, 4, 5 and 7 of the American
Convention, in relation to Article 1(1) thereof, alleged by the Commission and the
representatives (supra paras. 40 and 45)
Considerations of the Court
105. Article 3 of the Convention establishes that “[e]very person has the right to
recognition as a person before the law.”
106.
Article 4(1) of the Convention provides that
[e]very 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.
107.
Article 5(1) and 5(2) of the Convention establishes that:
1.
Every person has the right to have his physical, mental, and moral integrity respected.
2.
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 regarding for the inherent dignity
of the human person.
108.
Article 7 of the Convention provides that:
1.
Every person has the right to personal liberty and security.
2.
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.
3.
No one shall be subject to arbitrary arrest or imprisonment.
4.
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.
5.
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.
6.
Anyone who is deprived of his liberty shall be entitled to recourse to a competent court,
in order that the court may decide without delay on the lawfulness of his arrest or detention and
order his release if the arrest or detention is unlawful. In States Parties whose laws provide that
anyone who believes himself to be threatened with deprivation of his liberty is entitled to
recourse to a competent court in order that it may decide on the lawfulness of such threat, this
remedy may not be restricted or abolished. The interested party or another person in his behalf is
entitled to seek these remedies. […]
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