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HUMAN RIGHTS IN OUR COUNTRY

1. Ways in which Human Rights are respected or disrespected


There is a difference between a common crime and a violation of the Human Rights. In a
common crime the author is a person who has no relation of work with the State (he or she is
neither a public employee nor state representative); in this case, the crime that he commits is
a transgression of the penal law of the country, which responsibility is exclusive to the
individual. On the other hand, in a violation of the Human Rights the author is a public
employee, fitted with authority and/or responsibilities in the compliance of the law. The facts
that suppose an abuse of the Human Rights are committed during the performance of their
duties or taking advantage of his condition of public functionary or authority.
The violations of the Human Rights that public workers commit can be of four types: a)Against
right to life b) Against the integrity c) Against liberty and personal security d) Against the
process due.
a. Violations against the right to life
They take place in three actions.
Summary Execution: It is the arbitrary deprivation of life, as a result of a imposed sentence
by a procedure in which procedure warranties were not respected.
Extrajudicial Execution: It is the arbitrary deprivation of life, without a legal process.
Forced Disappearance: It is the detention of a person or group of people, that it isnt
admitted by the authorities, followed by a lack of information about their whereabouts.
b. Violations against the right of integrity
Torture: Intentional act by which pain and great suffering is caused to a person, whether is
physical or mental, with the purpose of obtaining information/confession; they exert
punishment and fear.
Cruel, inhumane or degrading treatment: They are all those acts destined to produce in a
person, more than physical pain, feelings of fear, anguish, inferiority, humiliation or
vilification that will break the moral and physical resistance of the person.
Bad Treatments: They are all the acts of abuse or unnecessary violence against people
who are detained or helpless.
c. Violations to right of freedom and security
Arbitrary detention: It is executed without legal reason; a legal norm is invoked, but the
deprivation of freedom has no foundation.
Illegal detention or in an infringement of the judicial warranty: The formalities dictated by
the law are son seen; warranties and detained rights are not respected.
Death threat: Intentional action that has the objective of terrifying the individual;
threatening with attempt against his life.

d. Violations to the right of process due


They are all the ones that in one way or another deny the individual with the rights that
are specified: Right of presumption of innocence: Everyone is innocent until proven guilty;
be judged by a judge or competent, impartial and independent court; to defense and
assistance of a lawyer; to have an interpreter, if the accused doesnt speak or understand
the language used in the court; and to not declare against himself nor to confess himself
guilty.
2. Strategies to report violations of Human Rights in our country.To warrantee Human Rights institutions and mechanism of protection, in an international level
(agrees among several countries) and national level (each country, based on their own
Constitution and their internal legislation) have been stablished. The institutions in which you can
present your complaints are: Instituto de la Defensa Pblica Penal, Tribunales del Organismo
Judicial, Ministerio Pblico-MP, Policia Nacional Civil-PNC, Procuradura de los Derechos HumanosPDH, organizaciones no gubernamentales de Derechos Humanos.
Complaints are the fundamental tools for defense of violations of the Human Rights. The legal
complaint is done to official organisms that relate to the administration of justice, and in which the
sanction for the responsible of the violation (even though they dont know who they are, because
the authorities have the obligation to investigate) is requested formally. The extralegal
complaint is that made through the media or to civil organizations.