66
that it fits within the pattern of extra-legal executions, it is reasonable to assume
and conclude that there is an international responsibility of the State.
109. This Court underlines that in light of the proven facts, the State violated the
right to life to the detriment of Juan Humberto Sánchez from a triple perspective.
First, in the sub judice case there are sufficient grounds to conclude that the death of
Juan Humberto Sánchez was due to an extra-legal execution committed by military
agents, set within the framework of a pattern of grave human rights violations that
occurred at the time of the facts (supra 70.1).
110. Secondly, since there was a pattern of extra-legal executions tolerated and
promoted by the State, this generated a climate that was incompatible with effective
protection of the right to life. As the Court has stated, the right to life plays a key
role in the American Convention as it is the essential corollary for realization of the
other rights.122 When the right to life is not respected, all other rights lack meaning.
The States have the obligation to ensure creation of the conditions required to avoid
violations of this inalienable right and, specifically, the duty of avoiding violations of
this right by its agents.123 Compliance with Article 4, in combination with Article 1(1)
of the American Convention, not only requires that no person be deprived of his life
arbitrarily (negative obligation), but also that the States take all appropriate
measures to protect and preserve the right to life (positive obligation),124 as part of
their duty to ensure full and free exercise of the rights by all persons under their
jurisdiction.125 This active protection of the right to life by the State does not only
involve legislators, but all State institutions and those who must protect security,
both its police forces and its armed forces.126 Due to the above, the States must take
all necessary measures not only to prevent and punish deprivation of life as a
consequence of criminal acts, but also to prevent arbitrary executions by its own
security forces.127
111. Third, the State is furthermore responsible for observance of the right to life
of all persons under its custody as guarantor of the rights enshrined in the American
Convention. As this Court has affirmed, “although the State has the right and
obligation to guarantee its security and maintain public order, its powers are not
unlimited, because it has the obligation, at all times, to apply procedures that are in
122
“Street Children” Case (Villagrán Morales et al.), supra note 103, para. 144.
123
Cf. United Nations Human Rights Committee, General Comment 6/1982, para. 3 in Compilation of
General Recommendations Adopted by Human Rights Treaty Bodies, U.N.Doc.HRI/GEN/1/Rev 1 en 6
(1994) and also cf. with United Nations Human Rights Committee, General Comment 14/1984, para. 1 in
Compilation
of
General
Recommendations
Adopted
by
Human
Rights
Treaty
Bodies,
U.N.Doc.HRI/GEN/1/Rev 1 en 18 (1994).
124
Bámaca Velásquez Case, supra note 25, para. 172; and “Street Children” Case (Villagrán Morales
et al.), supra note 103, para. 139.
125
Cf. Cantoral Benavides Case, Reparations, supra note 103, para. 69 “Street Children” Case
(Villagrán Morales et al.). Reparations (Art. 63(1) American Convention on Human Rights). Judgment of
May 26, 2001. Series C No. 77, para. 99; and Case of the “White Van” (Paniagua Morales et al.).
Reparations (Art. 63(1) American Convention on Human Rights). Judgment of May 25, 2001. Series C No.
76, para. 199.
126
Cf. U.N.Doc.CCPR/C/SR.443, para. 55.
127
Bámaca Velásquez Case, supra note 25, para. 172; and “Street Children” Case (Villagrán Morales
et al.), supra note 103, paras. 144-145. Likewise, General Comment No. 6 (Sixteenth session, 1982),
para. 3, supra note 123; María Fanny Suárez de Guerrero v. Colombia. Communication No. R.11/45
(February 5, 1979), U.N. Doc. Supp. No. 40 (A/37/40) en 137 (1982), p. 137.
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