37
—
various witnesses who gave declarations to the domestic judges and
investigators, some of whom also declared before this Court, stated
that the abductors of the four youths and the murderers of Anstraum
Aman Villagrán Morales were the same persons;
—
parts of bullets fired by police firearms were found, both where the
bodies of the first four youths were discovered and where Anstraum
Aman Villagrán Morales was killed. In the case of the elements found
near the body of Villagrán Morales, tests established that this bullet
had been fired by a revolver issued to one of the police agents
recognized by the witnesses as the perpetrator of the act;
—
investigations conducted by the National Police Force, on the orders of
the domestic judges, which were presented during the corresponding
judicial proceedings, concluded that the murderers of the youths
whose bodies were discovered in the San Nicolás Woods and of
Anstraum Aman Villagrán Morales were the two agents identified by
witnesses; and
—
trustworthy information about the general environment, which has
been mentioned above (supra, para. 59.c), regarding a generalized
pattern of violence against “street children” by agents of State security
units, including, in particular, acts of collective and individual homicide
and abandonment of bodies in uninhabited areas.
143. As State agents perpetrated the five homicides, the Court must necessarily
conclude that they may be attributed to the State22.
144. The right to life is a fundamental human right, and the exercise of this right is
essential for the exercise of all other human rights. If it is not respected, all rights
lack meaning. Owing to the fundamental nature of the right to life, restrictive
approaches to it are inadmissible. In essence, the fundamental right to life includes,
not only the right of every human being not to be deprived of his life arbitrarily, but
also the right that he will not be prevented from having access to the conditions that
guarantee a dignified existence. States have the obligation to guarantee the
creation of the conditions required in order that violations of this basic right do not
occur and, in particular, the duty to prevent its agents from violating it.
145. As the Human Rights Committee created by the United Nations International
Covenant on Civil and Political Rights has stated,
[t]he protection against arbitrary deprivation of life, which is explicitly required by the
third paragraph of Article 6.1 [of the International Covenant on Civil and Political Rights]
is of paramount importance. The Committee considers that States parties should take
measures not only to prevent and punish deprivation of life by criminal acts, but also to
prevent arbitrary killing by their own security forces. The deprivation of life by the
authorities of the State is a matter of utmost gravity. Therefore, [the State] must
strictly control and limit the circumstances in which [a person] may be deprived of his
life by such authorities23.
22.
Cf. Paniagua Morales et al. case, supra note 13, para. 120.
23.
United Nations Human Rights Committee, General Comments 6/1982, para. 3 and cf. General
Comment 14/1984, para. 1.