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 with respect for the
inherent dignity of the human person.
157.
Article 7 of the Convention provides:
Every person has the right to personal liberty and security.
158.
Article 1(1) of the Convention reads:
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race, color,
sex, language, religion, political or other opinion, national or social origin, economic status,
birth, or any other social condition.
159.
Article I(a) of the Inter-American Convention on Forced Disappearance of Persons stipulates
that:
Article I
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.
1.
General considerations on the forced disappearance of persons
160.
From its first cases the Inter-American Court has referred to the practice of forced
disappearances, noting that
Forced or involuntary disappearance is one of the most serious and cruel human rights
violations, in that it not only produces arbitrary deprivation of freedom but places the
physical integrity, security and the very life of the detainee in danger. It also leaves the
detainee utterly defenseless, bringing related crimes in its wake. Hence, it is important for
the State to take all measures as may be necessary to avoid such acts, to investigate them
and to sanction those responsible, as well as to inform the next of kin of the disappeared
person's whereabouts and to make reparations where appropriate.156
161.
In this respect, the Commission should recall that the international responsibility of a state
may be based on acts or omissions by any branch of government or organ of the state that violates the
American Convention, and it arises immediate with the internationally wrongful act attributed to the state. In
such circumstances, in order to establish that there has been a violation of the rights enshrined in the
Convention one need not determine, as occurs in domestic criminal law, the guilt of the perpetrators or their
intent, nor must one individually identify the agents to whom the violations are attributed, nor “prove the
State’s responsibility beyond all reasonable doubt.” It is sufficient to show “that acts or omissions have been
156
I/A Court HR., Case of Blake v. Guatemala. Preliminary Objections. Judgment of July 2, 1996. Series C No. 27, para. 66.