deciding to proceed to the use force” and it should have considered other ways of stopping
the vehicle. The action of the armed forces was “grossly negligent,” and revealed “despotism
and abuse of power” by State agents in a climate of “xenophobia and racism at the
institutional level,” which infiltrated the general context of the events that occurred. In
addition, “the murder of [two people in State custody], underlines the categorization of this
case as a massacre.”
73.
Regarding the violation of personal integrity, the representatives argued that
“following the pursuit, the actions of the State agents also violated the right to moral
integrity of the survivors identified in the case.” In addition, they specified that “the victims
had to obey the orders that the soldiers gave at gunpoint (which was very eloquent),
accepting to carry the bodies of the dead and seriously injured to the ambulances. This type
of conduct responds to the concept of abuse of authority by the soldiers concerned, because
they did not even take into account that there were children and pregnant women, and that
the deceased were next of kin and friends of the survivors.” In particular, the situation of
“Silvie Therméus, [who] was 16 weeks pregnant at the time of the detention and despite
this she [was kept] in the same place as the rest of the detainees, without receiving
differentiated care due to her special state of pregnancy. Also, the way that Roland Israel
was treated […], who was 14 years old at the time of the facts, was reprehensible, because
he did not receive treatment according to his particular vulnerability.”
74.
The representatives also indicated that the right of the next of kin to moral integrity
was violated owing to the suffering endured by their loved ones, owing to the impunity that
persists in relation to the crimes committed against the victims and the consequent absence
of reparations and, finally, owing to the failure to repatriate the bodies, which prevented the
victims' next of kin from mourning those they lost appropriately, and the subsequent burial
of the bodies in a mass grave in the Dominican Republic, at which time the State failed to
facilitate the entry of the next of kin into its territory so that they could attend the burial.
75.
At the public hearing, the State argued that the only interest of the members of the
patrol was to stop possible drug or weapons trafficking, which, according to official sources,
was expected to take place at the border that night, and they never had any intention of
harming the physical integrity of the persons in the truck. This possibility “acquired greater
credibility owing to the reckless attitude of the occupants of the truck, who [failed to obey]
the order of the authorities to stop.” Moreover, the agents were unaware that the truck was
carrying people because they were covered by a tarpaulin and this, added to the lack of
illumination on the highway, the darkness of the night, and the way in which the occupants
were positioned, prevented the agents from seeing the vehicle’s cargo clearly.
76.
Regarding the personal integrity of the survivors, the State indicated at the public
hearing that “there is no causal relationship […] between the presumed victims’ current
injuries and what could have happened to them in 2000. It is important to recall that 11
years have passed and that the supposed blindness and other health problems alleged by
[…] the presumed victims in the statements [made at the public hearing], have no causal
relationship with what could have happened 11 years ago or, at least, this does not appear
in the case file.” In addition, it indicated that, in the absence of animus, it is not possible to
substantiate the intention of the State agents in relation to the events.
B. Considerations of the Court
77.
The Court will now analyze the facts of this case in light of its consistent case law on
the right to life and personal integrity in relation to its obligations of respect and
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