20
*
*
*
65.
Having examined the evidentiary elements that have been included in the record of
the present case, the statements made by the parties, as well as the recognition of
responsibility made by the State (supra para. 8 to 54), the Court will analyze the alleged
violations in the present case, in consideration of the facts acknowledged by the State and
those that are proven,28 which are included in each of the corresponding sections. Likewise,
the Court will consider the parties’ arguments that are pertinent to analyze, taking into
account the State’s recognition of responsibility.
VI
INTERNATIONAL RESPONSIBILITY OF THE STATE IN THE PRESENT CASE
66.
The previous section addressed the terms of the State’s acceptance of the facts of
the instant case, as well as its partial recognition of international responsibility (supra para.
8 to 54). In this section the Court deems it necessary to clearly establish the reasons which
have given rise to the international responsibility of the State in the present case, taking
into consideration that a controversy has arisen regarding the context in which the events
occurred, the alleged activities undertaken by paramilitary groups as State agents, and, at
the time of the events, the alleged institutional policy promoting paramilitarism.
67.
This Tribunal has established that international responsibility of States, pursuant to
the provisions of the American Convention, arises from a violation of general obligations, in
the nature of erga omnes, to respect and enforce respect for – guarantee – norms of
protection and to ensure the effectiveness of the rights enshrined therein, under all
circumstances and for all persons, as embodied in Articles 1(1) and 2 of the Convention.29
Special duties derive from these general obligations which are ascertainable on the basis of
the protection needed by the individual who is the subject of the right, either on account of
his personal situation or of the specific circumstances pertinent thereto. In this regard,
Article 1(1) is essential for the purpose of determining whether a violation of human rights
recognized by the Convention may be entirely attributable to a State Party. In effect, said
Article prescribes fundamental the duties incumbent upon States Parties to respect and
guarantee the rights recognized in the Convention, so that any impairment of the human
rights enshrined therein can be attributed, in accordance with the rules of international law,
to an action or omission of any State official, constituting an act imputable to the State
which entails its international responsibility pursuant to the provisions of the Convention
and of international law in general. It is a tenet of international law that the State is
28
Going forward, the present Judgment contains facts that this Tribunal has established based upon the
recognition of facts and responsibility by the State, in the order and with the precise and relevant facts presented
in the application. Some of the facts have been completed by other pieces of evidence, in which case these
elements will be marked by footnotes on the respective pages. Additionally, different paragraphs refer to proven
facts in the Case of the 19 Tradesmen, already heard by the Inter-American Court, in which appropriate footnotes
have been left. Furthermore, the Tribunal has established the facts relevant to the open criminal proceedings, on
the basis of the State’s recognition of responsibility and the evidence from the domestic criminal proceedings
records, which were presented to the Court by the parties.
29
Cf. Case of the Pueblo Bello Massacre, supra note 12, para. 111; Case of the Mapiripán Massacre, supra
note 12, para. 111; and Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03
of September 17, 2003. Series A No. 18, para. 140.
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