46
may lead them to commit criminal acts, or it has elements to conclude that they
have committed them, in specific cases, they must go to an extreme with criminal
prevention measures.78 The State must assume its special position of protector with
greater care and responsibility, and it must take special measures oriented toward
the principle of the child’s greater interest.79
117. The facts of the present case occurred in reason of the victims’ condition of
people in situations of social risk, which proves that the State did not provide Marco
Antonio Servellón García or Rony Alexis Betancourth Vásquez with an environment
that would protect them from violence and abuse, nor did it allow them access to
basic services and goods, in such a way that said absence without doubt deprived
the minors of their possibility to emancipate, develop, and become adults that could
determine their own future.
*
*
*
118. The Court cannot leave unmentioned that the facts of the present case are
part of a situation in which a high level of impunity prevails in criminal acts carried
out both by state agents and individuals (supra paras. 79(2) and 79(4)), which
creates a propitious field for violations like those of this case to keep on occurring.
119. The Court has established that one of the conditions to effectively guarantee
the rights to life, humane treatment, and personal liberty is the compliance with the
duty to investigate the violations to the same, which derive from Article 1(1) of the
Convention, along with the substantive right that must be protected, or
guaranteed.80 At the light of this duty, once the state authorities become aware of
the fact, they must begin a serious, impartial, and effective investigation ex officio
and without delay.81 This investigation must be carried out through all legal means
available and oriented to the determination of the truth and the investigation,
persecution, capture, prosecution, and in its case, punishment of all those
responsible for the facts.82
120. This Tribunal has specified that the efficient determination of truth within the
framework of the obligation to investigate a death that could have been the result of
an extrajudicial killing, must occur as of the moment of the first proceedings with all
due precision. The Court has mentioned that the Manual on the Prevention and
78
Cfr. Case of the “Street Children” (Villagrán Morales et al.), supra note 69, para. 197; and
Guidelines from the United Nations for the prevention of juvenile delinquency (Riad Guidelines). Adopted
and proclaimed by the UN General Assembly in its ruling 45/112 of December 4, 1990, Chapter III, para.
9.
79
Cfr. Case of the Gómez Paquiyauri Brothers, supra note 63, paras. 124, 163 through 164, and
171; Case of Bulacio, supra note 54, paras. 126, 133, and 134; Case of the “Street Children” (Villagrán
Morales et al.), supra note 69, paras. 146 and 195; and Juridical Condition and Human Rights of the Child.
Advisory Opinion OC-17/02, supra note 72, para. 60.
80
Cfr. Case of Ximenes Lopes, supra note 3, para. 147; Case of the Ituango Massacres, supra note
3, para. 297; and Case of Baldeón García, supra note 3, para. 92.
81
Cfr. Case of Montero Aranguren et al., supra note 12, para. 79; Case of Ximenes Lopes, supra
note 3, para. 148; and Case of the Ituango Massacres, supra note 3, para. 296.
82
Cfr. Case of Ximenes Lopes, supra note 3, para. 148; Case of Baldeón García, supra note 3,
para.94; and Case of the Pueblo Bello Massacre, supra note 9, para. 143.