43
responsible for impairment to the right to life and humane treatment of Héctor Álvarez
Sánchez.
174. The State clarified that its acknowledgment of responsibility did not imply acceptance
of the omission of the duty to protect to the detriment of Héctor Álvarez Sánchez. It argued
that it is not true that the State was aware of a special risk or of the existence of previous
threats against the life of Mr. Álvarez Sánchez, in order to assess whether he required
protection measures. It argued that it is not possible to conclusively infer that the attack, in
which GM directly participated, had been planned by paramilitaries, and that even in that case
it is not possible to attribute responsibility for his actions to the State.
B. Considerations of the Court
175. This Court has established that the right to life plays a fundamental role in the American
Convention, as it is the essential assumption for the exercise of its other rights. The
observance of Article 4, related to Article 1(1) of the American Convention, not only
presupposes that no person is arbitrarily deprived of his life (negative obligation), but also
requires that the States adopt all appropriate measures to protect and preserve the right to
life (positive obligation), in accordance with the duty to guarantee the full and free exercise
of the rights of all persons under its jurisdiction.170 Consequently, States have the obligation
to guarantee the conditions required so that this inalienable right is not violated and, in
particular, the duty to prevent their agents from undermining it. This active protection of the
right to life by the State involves not only its legislators, but all state institutions and those
who must enforce/protect safety, be it their police forces or their armed forces.171
176. The American Convention also expressly recognizes the right to personal, physical, and
psychological integrity, the violation of which “is a category of violation that has several
gradations connotations of degree and […] with varying degrees of physical and psychological
effects caused by endogenous and exogenous factors [..] which must be proven in each
specific situation”.172
177. According to the facts of this case, on October 21, 1994, Héctor Álvarez Sánchez was
shot several times by two men dressed in civilian clothes riding a motorcycle, when he entered
his house in the presence of his five-year-old granddaughter. Mr. Álvarez Sánchez was
seriously injured, left quadriplegic and unable to speak as a result of the attack. Nearly six
years later, on May 11, 2000, he died at his residence in Bucaramanga (supra para. 96). It is
up to the Court to determine whether the State complied with its duty to respect and
guarantee Articles 4(1) and 5(1) of the American Convention, in relation to Article 1(1) of the
same instrument, due to the attack on Mr. Álvarez Sánchez.
178. In this regard, the Court recalls that, on various occasions, it has considered as proven
the existence of links between the armed forces and paramilitary groups in Colombia at the
time of the events of this case, leading to the existence of a relationship, manifested through
actions and omissions, between paramilitary groups and members of the security forces
relating to human rights violations, such as extrajudicial executions and forced disappearances
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 144, and Case
of Pacheco León et al. v. Honduras, para. 144.
171
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 144 and 145, and Case of Ortiz Hernández et al. v. Venezuela. Merits, Reparations and
Costs. Judgment of August 22, 2017. Series C No. 338, para. 101.
172
Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 57, and
Case of San Miguel Sosa et al. v. Venezuela. Merits, Reparations and Costs. Judgment of February 8, 2018. Series C
No. 348, para 169.
170