192.
For its part, the Commission has indicated that a violation of the human rights protected by
the Convention can entail international responsibility of a State party, either because the violation is
perpetrated by its own agents or—although not directly attributable to the State because they were committed
by private party—when the State has not been able to determine who perpetrated the acts due to a lack of
diligence to reasonably prevent the violation or address it in keeping with the provisions of the Convention. It
is consequently crucial to determine if the illicit act has involved the participation, support or tolerance of State
agents, or if it has resulted from the State’s failure to comply with its obligation to provide reasonable
prevention of human rights violations and to investigate them seriously in order to punish those responsible
and provide victims or their relatives with adequate reparations for the damage caused.295
193.
Regarding the obligation to guarantee, the Court has found it to mean that States Party have
the obligation to organize the governmental apparatus and, in general, all the structures through which public
power is exercised, so that they are capable of juridically ensuring the free and full enjoyment of human rights.
As a consequence of this obligation, the States must prevent, investigate and punish any violation of the rights
recognized by the Convention, as well as, where possible, reestablish the right violated and, where necessary,
provide reparations for the damage caused by the human rights violation.296
194.
Also, the Inter-American Court has indicated:
the State’s international responsibility may arise from attribution to the State of human rights
violations committed by third parties or individuals, within the framework of the State’s
obligations to guarantee respect for those rights between individuals. (...) The obligations erga
omnes to respect and ensure respect for the norms of protection, which is the responsibility
of the States Parties to the Convention, extend their effects beyond the relationship between
its agents and the persons subject to its jurisdiction, because they are also manifest in the
positive obligation of the State to adopt the necessary measures to ensure the effective
protection of human rights in inter-individual relations. (...) These obligations devolve upon
all subjects of international law and presumptions of non-compliance must be determined in
function of the need for protection in each particular case.297
195.
Specifically, regarding the duty to prevent, the Court has indicated that a State cannot be held
responsible for all the human rights violations committed between individuals within its jurisdiction. The
State’s obligations under the Convention do not entail limitless State responsibility for any act of private
parties,298 as its duties to adopt measures to prevent and protect regarding their relations with each other are
conditioned on i) whether the State was or should have been aware of a situation of risk; ii) if that risk was real
or immediate; and iii) if the State adopted measures reasonably expected to prevent that risk from becoming
realized.299
196.
In sum, for the purposes of determining the State’s international responsibility, what is
decisive is whether a violation of the human rights recognized by the Convention has occurred with the support
or the acquiescence of the government, or whether the State has allowed the act to take place without taking
measures to prevent it or to punish those responsible. Thus, the Court’s task is to determine whether the
violation is the result of a State’s failure to fulfill its duty to respect and guarantee those rights, as required by
Article 1 (1) of the Convention.300
IACHR, Report No. 65/01. Case 11,073. Merits. Juan Humberto Sánchez. Honduras. March 6, 2001, para. 88.
Inter-American Court. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4. Para. 166.
297 Inter-American Court, Case of the “Pueblo Bello Massacre” v. Colombia. Judgment of January 31, 2006, Series C No. 140, paras. 111, 113,
117.
298 Inter-American Court. Case of the “Pueblo Bello Massacre” v. Colombia. Judgment of January 31, 2006, Series C No. 140, para. 117.
299The case law of the European Court on the elements of the duty to prevent has been cited by the Inter-American Court in several of its
judgments. In this sense, see: Inter-American Court. Case of the “Pueblo Bello Massacre” v. Colombia. Judgment of January 31, 2006. Series
C No. 140, para. 124; Inter-American Court. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objections, Merits, Reparations
and Costs. Judgment of November 16, 2009. Series C No.205, para. 284; Inter-American Court. Case of Luna López v. Honduras. Merits,
Reparations, and Costs. Judgment of October 10, 2013. Series C No. 269, para. 124.
300 Inter-American Court. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4. Para. 173.
295
296
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