46
violation of this right, nor is it in comparative law in general. However, when the actor’s
conduct generating the international responsibility of the State is aimed at killing the victim
by a suitable means as to produce this result, that is, when domestic law configures an
attempted murder that puts his life in concrete danger, it is clearly also violating the duty to
respect the victim‘s life. This specific danger and the suitability of the means is verified in the
case with the mere account of the facts, since it was a qualified attempt that resulted in a
very serious disabling injury, which is covered or undermined by the very serious degree of
the attempt. Consequently, regardless of whether or not the subsequent death of the victim
can be causally attributed to the conduct of the agent, the malicious conduct of those who
carried out the (attempted) attack and acted with the support and acquiescence of the State,
alone constitutes the violation of the duty to respect the life of the victim by the State.
186. In this case, although the attack did not lead to Héctor Álvarez Sánchez’s immediate
death, the force used, its intention and objective were clearly aimed at executing the alleged
victim, who was in a state of total defenselessness.180 For these reasons, the Court considers
that Articles 4(1) and 5(1) of the American Convention were also violated by the State, to the
detriment of Héctor Álvarez Sánchez.
C. Conclusion
187. Due to the State's partial acknowledgment of its international responsibility for the
death and violation of integrity, this Court concludes that the State violated the rights to life
and humane treatment enshrined in Articles 4(1) and 5(1) of the American Convention, in
relation to Article 1(1) of the Convention, to the detriment of Noel Emiro Omeara Carrascal.
188. In addition, in accordance with the specific circumstances of the case, the Court
considers that the State violated the duty to respect the rights to life and humane treatment
of Héctor Álvarez Sánchez, since collaboration between state agents and members of the
Prada family who allowed the attack against him has been proven. Therefore, this Court
concludes that the State violated Articles 4(1) and 5(1) of the American Convention, in relation
to Article 1(1) of the Convention, to the detriment of Héctor Álvarez Sánchez.
VIII.2.
RIGHT TO HUMANE TREATMENT, and FORCED DISAPPEARANCE
(Articles 3181, 4, 5 AND 7182 of the American Convention on Human Rights,
regarding Article 1(1))
Cf. Case of the La Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007.
Series C No. 163, para. 127.
181
Article 3 of the American Convention establishes the following: "Every person has the right to recognition as
a person before the law.”
182
Article 7 of the Convention establishes the following: “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. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the
reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person
detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and
shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the
proceedings. His release may be subject to guarantees to assure his appearance for trial. 6. Anyone who is
deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide
without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is
unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation
of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such
threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is
entitled to seek these remedies. 7. No one shall be detained for debt. This principle shall not limit the orders of a
competent judicial authority issued for nonfulfillment of duties of support.”
180