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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.
156. Moreover, prolonged isolation and deprivation of communication are in themselves cruel
and inhuman treatment, harmful to the psychological and moral integrity of the person and a
violation of the right of any detainee to respect for his inherent dignity as a human being. Such
treatment, therefore, violates Article 5 of the Convention, which recognizes the right to the
integrity of the person by providing 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
with respect for the inherent dignity of the human person.
In addition, investigations into the practice of disappearances and the testimony of victims who
have regained their liberty show that those who are disappeared are often subjected to merciless
treatment, including all types of indignities, torture and other cruel, inhuman and degrading
treatment, in violation of the right to physical integrity recognized in Article 5 of the Convention.
157. The practice of disappearances often involves secret execution without trial, followed by
concealment of the body to eliminate any material evidence of the crime and to ensure the
impunity of those responsible. This is a flagrant violation of the right to life, recognized in Article
4 of the Convention, the first clause of which reads as follows:
1.
Every 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.
158. The practice of disappearances, in addition to directly violating many provisions of the
Convention, such as those noted above, constitutes a radical breach of the treaty in that it shows
a crass abandonment of the values which emanate from the concept of human dignity and of the
most basic principles of the inter-American system and the Convention. The existence of this
practice, moreover, evinces a disregard of the duty to organize the State in such a manner as to
guarantee the rights recognized in the Convention, as set out below.
XI