29
Argument of the representatives
74.
In the submission of requests and arguments, the representatives raised the
same arguments offered by the Commission regarding Article 4 of the Convention, in
connection with the death of Mr. Bernabé Baldeón-García.
Argument of the State
75.
The State acknowledged its international liability for the violation of Article 4
of the Convention to the detriment of Mr. Bernabé Baldeón-García (supra para. 20).
Considerations of the Court
76.
The Court considers that the acquiescence by the State to the violation of
Article 4 (Right to Life) of the American Convention, to the detriment of Mr. Bernabé
Baldeón-García, in relation to the events of September 25 and 26, 1990 (supra para.
20), constitutes a positive contribution to the development of these proceedings and
to the enforcement of the principles underlying the American Convention42 (supra
para. 55).
77.
Notwithstanding the foregoing, and given the disturbing circumstances
surrounding the death of Mr. Bernabé Baldeón-García and the alleged lack of due
diligence on the part of State authorities to ensure effective protection and respect
for the human rights of the victim, the Court considers it relevant to analyze certain
aspects related to the violation of Article 4 (Right to Life) of the Convention (supra
para. 58).
78.
Article 1(1) of the Convention sets forth:
The States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and
full exercise of those rights and freedoms, without any discrimination for reasons of
race, color, sex, language, religion, political or other opinion, national or social origin,
economic status, birth, or any other social condition.
79.
Article 4(1) of the Convention provides that:
[E]very person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily
deprived of his life.
80.
First, the Court deems it is important to address the issue of the duties
imposed by said treaty upon the States Parties. In this regard, the Court has
established that the international liability of the States, within the framework of the
American Convention, arises from the violation of the general obligations, erga
omnes in nature, to respect and enforce respect for - guarantee- the protection
standards and to ensure the effectiveness of the rights enshrined therein, in all
circumstances and in respect to all persons under their jurisdiction, embodied in
Articles 1(1) and 2 of said treaty.43
42
Cf. Case of Gutiérrez-Soler, supra note 4, para. 59; Case of Huilca-Tecse, supra note 3, para. 84;
and Case of Carpio-Nicolle et al, supra note 4, para. 84.
43
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 111; Case of the “Mapiripán
Massacre”, supra note 1, para. 111; and Juridical Condition and Rights of the Undocumented Migrants.
Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, para. 140.