21.
Notwithstanding the above, the Court calls to mind that maintaining domestic public
order and citizen security should be primarily reserved to civilian police bodies. However, the
participation of the armed forces in duties of law enforcement must be extraordinary or
exceptional, given that their presence and intervention in such duties may entail a risk to
human rights. 15 In this regard, the Court notes that the State has the obligation to ensure
that its armed forces, which are entitled to use legitimate force, respect the human rights of
those who are under its jurisdiction, in conformity with the standards established by this
Court. 16 This entails the restrictive use of lethal weapons and the proportional use of force
when necessary. 17
22.
The Court appreciates the State’s willingness to provide comprehensive reparation for
the damages caused to the victims due to the violations in this case and to prevent their
repetition. Regarding the reparation measures described in the Agreement subscribed by the
State, the victims and their representatives, the Court will analyze them in order to determine
whether to sanction the Agreement and, if applicable, its scope and enforcement (infra
Chapter VII).
V.
FACTS
23.
The Agreement establishes that “the parties agree that the facts that constitute the
basis of this [agreement] and the acknowledgment of responsibility of the [State] are the
proven facts determined by [the Commission] in its [Report on Merits N° 47/16] approved on
November 29, 2016.” 18 Based on the foregoing, the Court will refer briefly to the facts that
constitute the violations in this case, described in Chapter IV “Proven Facts” of the Report on
Merits.
A. Situation of the municipality of Baborigame at the time of the facts
24.
The State acknowledged the increased presence of the army in the municipality of
Baborigame and explained that in the 1990s a military command post was established in
response to the violence from drug trafficking. The State expressed that at the time of the
facts of the case, the base was commanded by Infantry Lieutenant Colonel Luis Raúl Morales
Rodríguez.
Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary Objections, Merits, Reparations and
Costs. Judgment of November 26, 2010. Series C No. 220, paras. 86 and 87.
15
Cf. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela. Preliminary Objection, Merits,
Reparations and Costs. Judgment of July 5, 2006. Series C No. 150, para. 66, and Case of Nadege Dorzema et al. v.
Dominican Republic. Merits, Reparations and Costs. Judgment of October 24, 2012. Series C No. 251, para. 80.
16
17
Cf. Basic principles on the use of force and firearms by law enforcement officials, Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September,
1990, Principle No. 2, and Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs.
Judgment of October 24, 2012. Series C No. 251, para. 80.
Friendly settlement agreement and acknowledgment of responsibility of the State of Mexico in case N°
12,659 Mirey Trueba Arciniega et al. of August 28, 2018, p. 4.
18
8