Bámaca Velásquez v. Guatemala

Key Judgment

Legal Relevance

Keywords: Deprivation of Liberty

Themes: Characteristics of the Crime | Related Crimes

The Court recalled that enforced or involuntary disappearance constitutes a multiple and continuous violation of several Convention rights. This is because it not only results in an arbitrary deprivation of liberty, but also endangers the personal integrity, security, and life of the detainee. Moreover, it places the victim in a state of complete defencelessness, entailing other related offences. Furthermore, the Court stated that when a State faces a rebel movement or terrorism threat which truly threatens its “independence or security”, it may restrict or temporarily suspend the exercise of certain human rights. However, enforced disappearances, summary executions and torture are forbidden even in states of emergency.
As regards the applicability of international humanitarian law, the Court referred to previous decisions stating that the relevant provisions of the Geneva Conventions may be taken into consideration as elements for the interpretation of the American Convention on Human Rights.