9
by police agents or groups organized under State tolerance, and even as individual
revenges." (para. 7) 15
31.
When referring expressly to the case of Servellón García et al., known as the
case of the “four cardinal points” (para. 71), he added that “youngsters had been
forced to suspect a society that not only alienates them, but also deprives them and
puts thousands of obstacles for them to achieve their development or a minimum
level of life quality with dignity.” (para. 38) This is no longer about forced
disappearances or “clandestine cemeteries” or “hidden detention centers” as
occurred in the eighties (para. 69). In the mid nineties, it was about
"a campaign of ‘social cleaning’ or ‘social prophylaxis’, in which with frequency the
identity of the victims is unknown, that of the perpetrators is confused, and in many
cases nobody asks for an investigation of what happened. (…) The rights of street
children or youngsters are not acknowledged, and they are always presumed guilty
instead of innocent. (…) The majority of the authors of the violence are police agents,
but little by little people classified as ‘unknown’, (…) extermination groups, or death
squads, whose members have sometimes been recognized as members of the State’s
security forces, have intervened.” (paras. 69 and 72).
32.
The authoritarianism of the eighties was followed by this frame of chronicle
violence of the nineties, with the State’s tolerance and its negligence regarding
impunity. 16 In the lucid evaluation of the author of the mentioned Special Report,
former Commissioner Leo Valladares Lanza,
"Poverty or extreme poverty is still (…) the worst form of violence to which a
large part of the country’s children and youngsters are submitted. In it is the root
that explains the thousands of boys and girls that are, on a daily basis, submitted to
abuse on the street. (...) Adults have seemed indifferent or have responded wrongly,
considering them ‘objects of compassion and repression at the same time, instead of
fully legal persons’.” (para. 43)
33.
Before this international jurisdiction, those forgotten by the world are treated
as fully legally persons, endowed with international juridical-procedural capacity.
Their sufferings are not in vain. In the present Judgment in the case of Servellón
García et al., the case of the “four cardinal points”, the Inter-American Court
concluded that
“the victims were detained collectively, illegally and arbitrarily, submitted to torture and
cruel, inhuman, and degrading treatments during their detention. (…)The extreme
cruelty with which the victims were killed, depriving them of their life in a humiliating
manner, the marks of physical torture present in the four bodies, and the manner in
which their bodies were abandoned out in the open, were serious assaults against the
right to life, to humane treatment, and personal liberty.” (para. 99)
34.
When facing the facts of the present case, the Court has correctly reiterated
its position in the sense that the absolute prohibition of torture and cruel, inhuman,
or degrading punishments or treatments, and respect for the basic principle of
equality and non-discrimination, acquire an imperative nature, belong to the domain
of the jus cogens, and bring about obligations erga omnes of protection (paras. 97
.
15
And cf. paras. 1-3 and 11-12.
16
.
Paras. 91, 152, and 192(11); the mentioned Special Report adds that, of the totality of
youngsters that died in a violent manner, “a large number did not belong to ‘maras’ or gangs (66%), nor
did they have previous criminal records." (para. 192(2))