Velásquez-Rodriguez Case

Inter-Am. Ct. H.R. (ser. C) No. 4 (1988)

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Velásquez-Rodriguez Case

Inter-American Court of Human Rights
Inter-Am. Ct. H.R. (ser. C) No. 4 (1988)

Facts

The Inter-American Commission on Human Rights (the commission) received a petition on behalf of Manfredo Velásquez against the state of Honduras. According to the petition, Velásquez, a university student, had been detained without a warrant by members of the armed forces of Honduras. The petition further alleged that Velásquez had been interrogated, tortured, and executed by the armed forces. The commission submitted a case to the Inter-American Court on Human Rights (the court) to determine if Honduras had violated Velásquez’s rights to life, to humane treatment, and to personal liberty under the American Convention on Human Rights (the convention). The court heard testimony regarding a pattern of conduct by Honduran army units, which would regularly use unlicensed vehicles to kidnap and detain people from public places; bring the individuals to secret prisons; and harshly interrogate, torture, and sometimes execute the detainees. Evidence of these activities was concealed. The individuals detained in this manner were often considered by Honduran officials to be dangerous to state security. Further, the evidence showed that Velásquez had been kidnapped from a parking lot by armed men in civilian clothes using a van without a license plate. Velásquez was involved in activities considered by state official to be dangerous to national security. Velásquez’s whereabouts in the seven years following the kidnapping were unknown, and there was no evidence that he had been kidnapped by common criminals. Honduras maintained that the evidence did not prove that Honduran officials were involved in Velásquez’s disappearance. However, Honduras failed to investigate the fate of Velásquez and did not provide evidence with respect to the merits of the case.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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