9 of rule 117 rules of court he could not thereafter

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: individuals. X and Y then filed a petition for the issuance of the Writ of Amparo, implicating several officers of the military as their abductors. They allege that their cause of action consists in the threat to their right to life and liberty, and a violation of their right to security. Considering the fact that they have already escaped, will the petition still prosper? A: Yes. While X and Y were detained, they were threatened that if they escaped, their families, including them, would be killed. In time, they were able to escape. The condition of the threat to be killed has come to pass. It should be stressed that they are now free from captivity not because they were released by virtue of a lawful order or voluntarily freed by their abductors. It ought to be recalled that towards the end of their ordeal their captors even told them that they were still deciding whether they should be executed. The possibility of X and Y being executed stared them in the eye while they were in detention. With their escape, this continuing threat to their life is apparent, more so now that they have surfaced and implicated specific officers in the military not only in their own abduction and torture, but also in those of other persons known to have disappeared such as A, B, and C, among others. Understandably, since their escape, they have been under concealment and protection by private citizens because of the threat to their life, liberty and security. The threat vitiates their free will as they are forced to limit their movements or activities. Precisely because they are being shielded from the perpetrators of their abduction, they cannot be expected to show evidence of overt acts of threat such as face‐to‐ face intimidation or written threats to their life, liberty and security. Nonetheless, the circumstances of their abduction, detention, torture and escape reasonably support a conclusion that there is an apparent threat that they will again be abducted, tortured, and this time, even executed. These...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online