47
Pleadings of the representative of the alleged victims and their next of kin
121. The representative of the alleged victims and their next of kin pointed out that
the violation of the right to life suffered by the Gómez Paquiyauri brothers took place
as a consequence of their summary execution and its circumstances. She also
referred to the pleadings regarding to the other rights that, she argued, were
abridged.
Pleadings of the State
122. Regarding to the alleged violation of Article 4 of the Convention, the State
pointed out that “as a signatory State of the American Convention on Human Rights
it acknowledges that its police agents did in fact violate the right to life of Gómez
Paquiyauri brothers, and they were punished, and it therefore accepts the respective
responsibility.”
Considerations of the Court
123.
Article 4(1)of the American Convention sets forth 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.
124.
The State must respect the right to life of every person under its jurisdiction,
protected by Article 4 of the American Convention. This obligation has special modes
regarding to minors, taking into account the rules on protection of children set forth
in the American Convention and in the Convention on the Rights of the Child.103 As
guarantor of this right, the State is under the obligation to forestall situations that
might lead, by action or omission, to abridge it.
125. The State has acknowledged that “its police agents did in fact violate the right
to life of the Gómez Paquiyauri [b]rothers [Rafael Samuel and Emilio Moisés]” (supra
para. 122).
126. Likewise, the November 9, 1993 judgment, issued by the Third Criminal
Chamber of El Callao (supra para. 67.p), established that:
members of the General Police in patrol car ten one hundred and fifty-five, composed of
the accused Second Sergeant Francisco Antezano Satillán and Noncommissioned officer
third-class Angel del Rosario Vásquez Chumo, went to the place of the facts, that is to
Felipe Pinglo Alva street, block one, to provide support and patrol the area, and under
those circumstances they noted the presence of two individuals, whom they stopped
and detained, placing them in the trunk of the patrol car, those individuals being the
injured brothers Rafael Samuel and Emilio Moisés Gómez Paquiyauri, respectively
seventeen and fourteen years old; they were received at the “Daniel Alcides Carrión”
hospital at ten thirty-five in the morning, approximately, where they were found to have
arrived as corpses, their cause of death being [...] ‘small-caliber bullet wounds to the
head and thorax, in addition to one to the abdomen in one of them’ [.]
[…] from the start the members of the General Police who were involved in said
confrontation, as well as those who subsequently provided some form of support or
security, mistakenly believed that it was a terrorist attack, and it was with this criterion
that they decided to kill the [...] brothers Rafael Samuel and Emilio Moisés Gómez
103
See Case of Bulacio, supra note 6, para. 138; and Case of the “Street Children” (Villagrán
Morales et al.), supra note 68, para. 146.
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