data that informs of or surrounds the judicial cases could not modify the court’s
jurisdiction, take away or add powers that have not been expressly granted, or
alter the course of its institutional duty. If it did, it would compromise its
independence, impartiality, and jurisdiction. In synthesis, it would fail to comply
with its obligation.
6.
I am aware of the matters present in the origin of the facts analyzed in the
judgment on merits, as well as those that arise from the interpretation. These are
grave problems that have touched the society. Regarding the same there are
different and even opposed opinions. They deserve a deep consideration and
specific decision, which must be adopted within the channels of the powers and
responsibilities of the instances called upon to resolve them. The international
human rights jurisdiction intervenes precisely in the terms of its powers and
responsibilities, as well as the domestic one within the realm of its own jurisdiction.
None of them could act differently.
7.
The Court’s attention has been brought to the circumstances that prevailed
when the facts subject to trial in the international instance occurred. The
corresponding arguments point out the characteristics of the behavior assumed by
people that would later appear as victims in the international trial, and they put
emphasis on the suffering of many citizens that faced the grave consequences of
the violence. They request for the latter the treatment of victims, especially when
dealing with innocent people that suffered the effects of the conflict and who
deserve both solidarity and esteem.
8.
Whoever suffers the effects of an unfair behavior, whichever its origin, is a
victim of an abuse that must be punished. There are legal proceedings for this, both
in the national and international scene, through processes followed according to the
corresponding regulations. As much can be said about the employment of adequate
measures to face threats or acts of violence, with legal instruments and
proceedings and within the juridical system characteristic of a democratic society.
9.
On several opportunities, the Inter-American Court of Human Rights has
issued rulings regarding the State’s obligation to protect the society from crime.
The precedents in advisory opinions and judgments in cases are many. It is obvious
that the State must provide that protection and for this it must have ideal police
and criminal justice resources. Providing security to people is a “foundational
reason” of the State. It comes to explain and justify the creation itself of a political
society.
10.
The Inter-American Court is not unaware of this obligation of the public
power nor has it doubted the appropriateness –even more so: the absolute need—
that it effectively and energetically assume it, pursuant to the regulations and
procedures characteristic of the rule of law. The same determination is on the
record in the Inter-American corpus juris. Proof of this can be found, for example,
in the Inter-American Convention Against Terrorism.
11.
Having established the aforementioned, which constitutes a premise for the
examination and understanding of the rulings of the Court, we must remember the
scope of the rights included in the American Convention on Human Rights, as well
as the specific jurisdiction the States have granted this tribunal, with the exclusion
of any other; a jurisdiction that binds the actions and decisions of the Court and its
members.
12.
The States Parties to the American Convention have proclaimed and
assumed the duty to acknowledge and guarantee these rights in favor of all people,
without distinction, regardless of the fact that they are or not responsible for