71.
Based on the foregoing considerations of the risks involved in the use of the Armed Forces in
citizen security duties, the Commission highlights that the aforementioned preventive obligations to regulate,
train, equip and oversee (supra par. XX) are even more important in the case before us. Consequently, when
such duties are assigned to the Armed Forces, an assessment of compliance must be particularly strict.
72.
Applying this principle to the case at hand, the State did not submit any information on the
existence of any adequate legal framework regulating the use of force by its security forces, including military
members assigned to carry out law enforcement duties. In addition to that failure, the State did not report on
the existence of any protocols of supervision or control over operations by the military posted in Baborigame
in which force could legitimately be used, or of any training on the “use of force” provided to these agents.
Internal investigations have not turned up any references to any items of this nature either.
73.
On the contrary, in 1998, the year the incidents in the case took place, the Commission
released its Report on the Situation of Human Rights in Mexico after conducting an in situ visit to the country.
In said report, the Commission expressed particular concern over the information it received about the
impact of assigning law enforcement duties to the Armed Forces. In the words of the IACHR in both the report
and the final press release at the end of the country visit:
During its on-site visit to Mexico, the IACHR received information on the exercise of police
functions by officials of the Armed Forces. The obvious result is the militarization of the
leaders of the organizations in charge of ensuring the security of citizens. In this regard, the
Commission had the following to say in Press Release No. 14/96, issued on July 24, 1996:
…based on its experience, it wishes to draw attention to the consequences of the use of the
Armed Forces in functions involving the security of citizens, since this could lead to serious
violations of human rights because of the military nature and the training received by the
Armed Forces.91
74.
Consequently, the Commission concludes that the Mexican State assigned law enforcement
duties to the Armed Forces in the area where Mr. Trueba was killed, with all the risks that it implies as noted
by both the IACHR and the Court, without having the necessary safeguards in place as to the regulation,
training, equipment and oversight required in order to prevent arbitrary deprivations of the right to life as a
consequence of the use of force by said agents.
75.
This serious omission by the Mexican State created an atmosphere, that was conducive to
the commission of violations of said right, which in and of itself is incompatible with Article 4.1 of the
American Convention, in connection with the obligations to respect rights and of domestic legal effects set
forth in Articles 1.1 and 2 of the same instrument.
1.2.
Examination of actions at the time of the events: Use of deadly force against Mr.
Trueba
76.
When allegations are made that a death was the result of the use of force, the Inter-American
Court has established clear rules on the burden of proof. In the words of the Court:
Whenever the use of force [by state agents] results in the death or injuries to one or more
individuals, the State has the obligation to give a satisfactory and convincing explanation of
91
IACHR. Report on the Situation of Human Rights in Mexico. OEA/Ser.L/V/II.100. Doc. 7 rev. 1. September 24, 1998. Par. 399.
14