19
16.
That the obligation of the State to protect all persons subject to its
jurisdiction encompasses the duty to control the actions of third party individuals, an
erga omnes obligation.6
17.
That the State must adopt forthwith the measures necessary to efficiently and
definitively prevent any kind of violence at La Pica Confinement Center, so that no
inmate be killed or his/her personal integrity be affected. Inter alia, the State must
adopt measures addressed to prevent any future rebellions, riots or other acts that
could affect the order within said confinement center. In investigating public
disorders, as those occurred in the instant case, the State must do it in full
compliance with and applying the domestic laws in furtherance of public order,
provided said laws and the actions taken are fully consistent with the human rights
protection rules applicable to the particular case.7 In effect, as it has been previously
pointed out, this Court recognizes “the existence of the power, an even, of the
obligation of the State to ‘guarantee [the] safety and maintain public order.’”
However, governmental power in this matter is not unlimited; it is necessary that
the State acts “within the limits and pursuant to the procedures that allow to
preserve both public security and the fundamental rights of human beings.”8 In this
sense, the Court deems that the use of force or of coercive instruments is authorized
only in exceptional cases, upon exhausting and after the failure of all other methods
of control.
18.
That the State must use all possible means to reduce violence to the
minimum level within the Confinement Center. In connection with this, the Court
considers that the rights to life and to personal integrity “not only imply that the
State must respect said rights (negative obligation), but they also require the State
to adopt all adequate measures to guarantee such rights (positive obligation,) in
furtherance of its general duty set forth in Article 1(1) of the American Convention.”9
19.
That the problem of confinement centers requires medium and long term
actions in order to adapt its conditions to international standards. However, the
States are obliged to implement prompt actions to guarantee the physical,
6
Cf. Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional
Measures, supra note 4, Considering clause No. 14; Matter of Eloisa Barrios et al. Provisional Measures.
Order of the President of the Inter-American Court of Human Rights of September 22, 2005, Considering
clause No. 7; and Matter of Luisiana Ríos et al. (Caracas Radio –RCTV- Radio). Provisional Measures.
Order of the Inter-American Court of Human Rights of September 12, 2005, Considering clause No. 11.
7
Cf. Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional
Measures, supra note 4, Considering clause No. 12; Matter of Urso Branco Prison. Provisional Measures.
Order of the Inter-American Court of Human Rights of July 7, 2004, Considering clause No. 12; and Matter
of Urso Branco Prison. Provisional Measures. Order of the Inter-American Court of Human Rights of April
22, 2004, Considering clause No. 10.
8
Cf. Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM . Provisional
Measures, supra note 4, Considering clause No. 12; Matter of Urso Branco Prison. Provisional Measures,
supra note 7, Considering clause No. 12; and Matter of Urso Branco Prison. Provisional Measures, supra
note 7, Considering clause No. 10. Besides, Cf. Case of Bulacio. Judgment of September 18, 2003. Series
C No. 100, para. 124.
9
Cf. Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM . Provisional
Measures, supra note 4, Considering clause No. 15; Case of the girls Jean and Bosico. Judgment of
September 8, 2005. Series C No. 130, para. 173; Case of the "Juvenile Reeducation Institute", supra note
6, para. 168; and Case of the Gómez-Paquiyauri brothers. Judgment of July 8, 2004. Series C No. 110,
para. 129.
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