180. The Court has noted that the presumed victim died in the custody of the police of
the Public Order and Security Corps (CSOP) of the state of Aragua, during his transfer
from the Police Central Command to the Mariño Police Department when, according to
the State, four armed and hooded individuals intercepted the vehicle transporting him,
seizing the weapons of the officials who were guarding him and firing several shots at
Eduardo Landaeta who was killed (supra para. 73).
181. Regarding the right to life, the Court reiterates that the State has the legal
obligation “to prevent, within reason, human rights violations, and to investigate any
violations committed within its jurisdiction seriously using the means available to it, in
order to identify those responsible, impose the pertinent penalties, and ensure adequate
reparation to the victim.” 216 The most important element is to elucidate “whether a
specific violation […] has been committed with the support or tolerance of the public
authorities, or whether the latter have acted in a way that has allowed the violation to be
committed without preventing it or with impunity.” 217 This obligation requires States to
adopt all appropriate measures to protect and to preserve the rights of those subject to
their jurisdiction (positive obligation), in accordance with the obligation to ensure the full
and free exercise of those rights (supra para. 122). 218 This active protection of the right
to life by the State involves every State institution, and those who must guarantee
security, whether they be its police forces or its armed forces. 219 Accordingly, States
must take the necessary measures, not only to prevent and punish the deprivation of life
as a result of criminal acts, but also to prevent arbitrary executions by its own security
forces (negative obligation). 220
182. In addition, this Court has indicated that, with regard to the right to life, when the
State finds itself in the presence of children deprived of liberty, in addition to the said
obligations towards every individual, it has an additional obligation established in Article
19 of the American Convention. “On the one hand, it must assume its special position of
guarantor with greater care and responsibility, and it must take special measures aimed
at ensuring the best interests of the child. On the other hand, the protection of the life of
a child requires the State to pay particular attention to the child’s life while he or she is
deprived of liberty, because that right has not extinguished and is not restricted by the
child’s situation of detention or imprisonment.” 221
183. The Court has indicated that, as guarantors of the rights recognized in the
Convention, States are responsible for the observance of those rights for every individual
who is in their custody. 222 When a person, and especially a child, dies violently while in
its custody, the State has the burden of proving that this death cannot be attributed to
it. The Court has indicated that the State has the obligation to provide a satisfactory and
216
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 174, and Case of the Massacres of El
Mozote and nearby places v. El Salvador. Merits, reparations and costs. Judgment of October 25, 2012 Series C
No. 252, para. 144.
217
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 173, and Case of the Santo Domingo
Massacre v. Colombia. Preliminary objections, merits and reparations. Judgment of November 30, 2012. Series
C No. 259, para. 156.
218
Cf. Case of Velásquez Rodríguez. Preliminary objections, supra, para. 91, and Case of Gutiérrez and
family members supra, para. 97.
219
Cf. Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140,
para. 120, and Case of the Afrodescendant Communities Displaced from the Cacarica River Basin (Operation
Genesis) v. Colombia. Preliminary objections, merits, reparations and costs. Judgment of November 20, 2013.
Series C No. 270, para. 217.
220
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 145, and
Case of Luna López v. Honduras, supra, para. 117.
221
Cf. Case of the “Juvenile Re-education Institute” v. Paraguay, supra, para. 160.
222
Cf. Case of López Álvarez v. Honduras, supra, paras. 104 to 106, and Case of Mendoza et al. v.
Argentina, supra, para. 202.
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