33
armed forces or the performance of military intelligence activities), which, in general, are
within the exclusive competence of the State and where the State has a special duty to act
as a guarantor. Therefore, the State is directly responsible, either as a result of its acts or
omissions, for all the activities undertaken by these private individuals in the performance
of the foregoing duties, particularly if it is taken into consideration that private individuals
are not subject to the strict control exercised over public officials regarding the performance
of their duties. The situations in which private individuals cooperated in the performance of
such duties reached such a magnitude that, when the State sought to adopt measures
designed to address the lack of restraint in the actions undertaken by paramilitary groups,
these groups themselves, with the support of State agents, attacked the judicial officers.
103. Finally, it should be highlighted that the events described in the instant case (infra
para. 106 to 120) are particularly serious, as they were designed to thwart the investigation
and punishment of gross violations of human rights, and in which the execution of the
judicial officers was committed in the most inhuman manner. In addition, the Rochela
Massacre had the grave consequence of intimidating the members of the Judiciary with
regard to the investigation into this and other cases.88
VII
VIOLATION OF ARTICLES 7, 4, AND 5
(RIGHT TO PERSONAL LIBERTY, RIGHT TO LIFE, AND RIGHT TO PERSONAL INTEGRITY) IN
RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION
104. Without prejudice to the State’s acknowledgment of responsibility for the violation of
Articles 7,89 4,90 and 591 of the Convention (supra para. 13 and 33), and taking into account
the gravity of the events that produced these violations, the Tribunal deems it necessary to
make some specific findings with regard to the juridical consequences of these violations.
88
Cf. affidavit rendered by Antonio Suárez Niño on January 18, 2007 (record of written statements and
expert reports, volume II, pages 7297 and 7298); affidavit rendered by Federico Andreu Guzmán on January 19,
2007 (record of written statement and expert reports, volume III, pages 7509, 7510, 7517 and 7518); and
testimony rendered by Virgilio Hernández Castellanos in the public hearing before the Inter-American Court held on
January 31 and February 1, 2007.
89
The relevant parts of this Article state that:
1.
Every person has the right to personal liberty and security.
2.
No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established pursuant
thereto..
3.
90
No one shall be subject to arbitrary arrest or imprisonment.
The relevant parts of this Article establish that:
[e]very person has the right to have his personal 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.
91
The relevant parts of this Article state that:
1.
Every person has the right to have his physical, mental, and moral integrity respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
All persons deprived of their liberty shall be treated with regard for the inherent dignity of the human
person.
[...]
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