26
Relatives of the victims
117.
The relatives of the victims that have been identified are: i) Florentín Peceros Farfán,126
Nemecia Pedraza127 and Jenifer Solange Peceros Quispe128, father, mother and daughter respectively of
Víctor Salomón Peceros Pedraza; ii) Herma Luz Cueva Torres129, mother of Herma Luz Meléndes Cueva;
131
iii) Edgar Odón Cruz Acuña130 and Lucinda Rojas Landa, father and partner respectively of Eduardo
Nicolás Cruz Sánchez.
C.
Considerations of law
2.
Right to life (Article 4(1))
118.
132
In relation to the right to life, the Commission recalls:
Article 4 of the Convention guarantees the right of every human being to not be deprived of his life
arbitrarily, which includes the need that the State adopt substantive measures to prevent the
violation of this right, as would be the case of all measures necessary to prevent arbitrary killings by
its own security forces, as well as to prevent and punish the deprivation of life as a consequence of
133
criminal acts carried out by individual third parties.
119.
The Inter-American Court has held that States have the right and obligation guarantee
134
their security and maintain public order, using force as necessary. In this regard, the IACHR recalls that
while state agents, in the course of anti-terrorist operations may resort to the use of lethal force against
suspected terrorists, and in some circumstances lethal force may be required, the power of the State is
not unlimited, nor may it resort to any means to achieve its ends “regardless of the seriousness of certain
actions and the culpability of the perpetrators of certain crimes.135 As the Inter-American Court of Human
126
Petitioners’ communication of February 8, 2011. Mr. Peceros Farfán also took part in the examinations performed in
2002. See Appendix 43, Forensic Stomatology of Víctor Salomón Peceros Pedraza prepared by the Institute of Forensic Medicine,
appendix submitted by the petitioners on February 3, 2003, Volume V.
127
Petitioners’ communication of February 8, 2011. Ms. Pedraza joined the domestic criminal case as a civil party on
September 4, 2002, appendix to the State’s communication of August 5, 2008. Finally, she took part in the examinations performed
in 2002. See Appendix 43, Forensic Stomatology of Víctor Salomón Peceros Pedraza prepared by the Institute of Forensic
Medicine, submitted by the petitioners on February 3, 2005, Volume V.
128
Petitioners’ communication of February 8, 2011.
129
Petitioners’ communication of February 8, 2011. Ms. Herma Luz Cueva Torres also took part in the examinations
performed in 2002. See Appendix 43, Forensic stomatology of Herma Luz Meléndez Cueva performed by the Institute of Forensic
Medicine, appendix submitted by the petitioners on February 3, 2003, Volume V. She is also a co-petitioner before the IACHR in the
instant case.
130
Petitioners’ communication of February 8, 2011. Mr. Cruz Acuña also joined the domestic criminal case as a civil party on
July 11, 2002, appendix to the State’s communication of August 5, 2008. He is also a co-petitioner before the IACHR in the instant
case.
131
Appendix 7, Report of the forensic medical examinations performed by the Institute of Forensic Medicine, appendix
submitted by the petitioners on February 3, 2003, Volume V, documenting the participation of Lucinda Rojas Landa in her capacity
as Eduardo Cruz Sánchez’s partner.
132
Article 4.1 of the American Convention stipulates that: 1. Every person has the right to have his life respected. This
right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
133
Inter-Am. Ct. H.R., Case of Servellón García et al. Judgment of September 21, 2006. Series C No. 152, para. 98; InterAm. Ct. H.R., Case of Montero Aranguren et al (Detention Center of Catia). Judgment of July 5, 2006. Series C No. 150, para. 64;
Inter-Am. Ct. H.R., Case of Ximenes Lopez v. Brazil. Preliminary Objection. Judgment of November 30, 2005. Series C No. 139,
para.125; and Inter-Am. Ct. H.R., Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, para. 131.
134
Inter-Am. Ct. H.R., Case of Servellón García et al. Judgment of September 21, 2006. Series C No. 152; Inter-Am. Ct.
H.R., Case of Montero Aranguren et al (Detention Center of Catia). Judgment of July 5, 2006. Series C No. 150;
135
Case of Neira Alegría, para. 7.7.