48
123. In cases of extrajudicial killings it is essential that the States effectively
investigate the deprivation of the right to life, and in its case, punish all those
responsible, especially when state agents are involved, since on the contrary, it
would be creating, within an environment of impunity, the conditions necessary for
the repetition of this type of facts, which is contrary to the duty to respect and
guarantee the right to life.84 Besides, if the acts that violate human rights are not
investigated seriously, they would, in some way, result aided by public power, which
compromises the State’s international responsibility.85
124. To determine if the obligation to protect the rights to life, humane treatment
and personal liberties through a serious investigation of what has occurred, has been
fully complied with, the procedures opened at an internal level destined to identifying
those responsible for the facts of the case must be examined. This exam shall be
made in the light of that stated in Article 25 of the American Convention and of the
requirements imposed by Article 8 of the same for all proceedings, and it will be
carried out in Chapter IX of the present Judgment.
*
*
*
125. The previous considerations lead the Court to conclude that, for having failed
in its duties of respect, prevention, and protection of the rights to life, a humane
treatment, and personal liberties as a consequence of the illegal and arbitrary arrest,
torture, and cruel, inhuman or degrading treatment, and the death of the victims,
the State is internationally responsible for the violation of Articles 7(1), 7(2), 7(3),
7(4) and 7(5), 5(1) and 5(2), and 4(1) of the American Convention in relation to
Article 1(1) of said treaty, in detriment of Marco Antonio Servellón García, Rony
Alexis Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García
Sánchez, as well as for the violation of Article 5(5) of the Convention in connection
with Article 19 of that instrument, both in relation to Article 1(1) of the same treaty,
in detriment of Marco Antonio Servellón García and Rony Alexis Betancourth
Vásquez.
*
*
*
126. The Tribunal goes on to analyze that argued by the Commission and the
representatives regarding the violation of Article 5(1) and 5(2) of the American
Convention, in detriment of the victims, due to the alleged anguish and suffering
experimented as a consequence of the illegal arrest, torture, and extrajudicial killing
of Marco Antonio Servellón García, Rony Alexis Betancourth Vásquez, Orlando
Álvarez Ríos, and Diomedes Obed García Sánchez, as well as for the circumstances
surrounding their murder, and for the treatment given to their bodies, since they
were found with marks of violence and abandoned outdoors in different parts of the
city of Tegucigalpa, which would have constituted for their next of kin a cruel,
inhuman, or degrading treatment. Added to that, the frustration and helplessness
84
Cfr. Case of Baldeón García, supra note 3, para. 91; Case of the Pueblo Bello Massacre, supra
note 7, para. 143; and Case of Myrna Mack Chang, supra note 9, para. 156.
85
Cfr. Case of Baldeón García, supra note 3, para. 91; Case of the Pueblo Bello Massacre, supra
note 7, para. 145; Case of the “Mapiripán Massacre”, supra note 9, paras. 137 and 232.