Velásquez Rodríguez v Honduras (1988)

Human Rights Law · Regional HR Case Law (Lawless, Handyside)

Facts.

A student, Manfredo Velásquez, was “disappeared” by State-linked forces in Honduras. The Inter-American Commission referred the case to the Inter-American Court.

Issue.

Is a State responsible under the American Convention where agents cause a disappearance and the State fails to investigate?

Held.

Yes. Article 1’s duty to ensure rights obliges States to prevent, investigate and punish violations; failure to do so is itself a breach, independent of who carried out the act.

Why it matters.

The landmark on positive State obligations and enforced disappearances — the reasoning later echoed in Indian custodial-death cases.

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