39
b)
the duty to respect the fundamental liberties and rights not only
applies to public authorities, but also to every individual. By ensuring the
fundamental right of the individual to recognize his dignity as a human being,
he is also imposed the fundamental duty of providing his fellow men with a
similar treatment. Under no circumstances, access to illegal recourses can be
provided. According to the duty of non abusing the right itself, every
individual must exert his rights taking into consideration, to a reasonable
extent, other’s interests and, in any case, without abusive purposes. At the
same time, there is an equality duty so that anybody can raise his status over
another’s;
c)
the events on June 18 and 19, 1986 during the subduing of the riots in
El Frontón, are framed within the scope of the domestic control standards
that Peru, as every sovereign State, is entitled and has the obligation to exert
to protect the principle of authority and common welfare of its citizens; and
d)
it is necessary to consider circumstances under which the facts took
place and the inmate mutiny, the State - after exhausting initial proceedings
and the excessive intervention of Police Forces - ordered the needed
intervention of the Armed Forces. An important premise to consider is the
dangerousness posed by rioters, who had weaponry such as explosives,
provisions, and medical supplies, and kept two hostages, one of them finally
died inside the collapsed building.
*
*
134.
*
Article 1(1) of the Convention stipulates that
[t]he 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.
135.
Article 2 of the Convention determines that
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention,
such legislative or other measures as may be necessary to give effect to those rights or
freedoms.
136.
In the same sense, in other case the Court has stated that:
[r]egarding people's law, a customary rule prescribes that a State, which has entered
into an international agreement, must introduce in its national law the necessary
assumed modifications to ensure the execution of obligations assumed. This rule is
universally valid and has been considered by the jurisprudence as an evident principle
("principe allant de soi"; Echange des populations grecques et turques, avis consultatif,
1925, C.P.J.I., Series B. No. 10, p. 20). In this sequence of ideas, the American
Convention states the obligation of every State Party to adapt its national law to
dispositions of said Convention, to guarantee the rights recognized therein. 61
61
68.
Garrido and Baigorria Case. Reparations. Judgment of August 27, 1998. Series C No. 39, para.
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