33
Police under its command or the assistants of the Social Representative himself
who may verify [the] inconveniences [and deprivation of liberty].”113 In this regard,
the Second Collegiate Court considered that the Army was empowered to arrest the
alleged victims “based on the carrying of firearms for the exclusive use of the
Armed Forces.”114
85.
Taking these elements into account, the Court considers that the instant
case is related to previous jurisprudence where, based on an official State
document,115 it was noted that the presence of the Army carrying out police work in
the state of Guerrero has been a controversial issue with respect to individual and
community rights and freedoms, and has placed the population in a vulnerable
situation.116
86.
In this respect, the Court considers that, in some contexts and
circumstances, a high military presence accompanied by the intervention of the
Armed Forces in public security activities may entail the introduction of a risk to
human rights. Thus, for example, international organizations have analyzed the
implications of allowing the military bodies to act as judicial police, such as the
United Nations Human Rights Committee and the Special Rapporteur on the
Independence of Judges and Lawyers, who have expressed their concern by the
fact that the military exercise the functions of investigation, arrest, detention and
interrogation,117 and have stated that “[t]he judicial police functions should be
carried out exclusively by a civilian entity.” […] This would allow the independence
of investigations and constitute an important improvement in the access to justice
for victims of and witnesses to human rights violations, who, at present, very often
see their complaints being investigated by the very institutions they accuse of
being responsible for these violations.”118
87.
Moreover, this Court has held that "even though […] the State has the right
and obligation to guarantee its security and maintain public order, its power is not
unlimited, since it has the duty, at all times, to apply procedures pursuant to Law
and respectful of the fundamental rights, of all individual under its jurisdiction.”119
In that respect, the Court has emphasized the extreme care which States must
observe when they decide to use their Armed Forces as a mean for controlling
social protests, domestic disturbances, internal violence, public emergencies and
common crime.120
113
Cf. Judgment issued on August 14, 2002 by the Second Collegiate Tribunal, supra note 84, folio
14414.
114
Cf. Judgment issued on August 14, 2002 by the Second Collegiate Tribunal, supra note 84, folio
14533.
115
Diagnosis on violence against women in the municipalities of the region of La Montaña de
Guerrero. Secretariat of Women Affairs of the State of Guerrero and others. Cf. Case of Fernandez
Ortega et al. v. Mexico. Supra note 39, para. 79.
116
Case of Fernandez Ortega et al v. Mexico, supra note 39, para. 79.
117
See United Nations. Final Observations of the Committee on Human Rights. Colombia
05/05/97. CCPR/C/79/Add.76, para. 19.
118
Cf. Special Rapporteurs on Torture and Extra-Judicial Executions E/CN.4/1995/111, para.
117.a). Ratified by the United Nations Special Rapporteur on the Independence of Judges and Lawyers
(E/CN.4/1998/39/Add.2), para. 185.
119
Case of Bámaca Velásquez v. Guatemala. Merits. Judgment of November 25, 2000. Series C
No. 70, para. 174; Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits,
Reparations and Costs. Judgment of June 7, 2003. Series C N° 99, para. 111; and Case of Servellón
García et al v. Honduras. Merits, Reparations and Costs. Judgment of September 21, 2006. Series C No.
152, para. 86.
120
Cf. Case of Montero Aranguren et al (Reten de Catia) v. Venezuela. Preliminary Objection,
Merits, Reparations and Costs. Judgment of July 5, 2006. Series C Nº. 150, para. 78; Case of Zambrano
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