95
exercise of the rights of all the people under its jurisdiction.130 This active protection
of the right to life by the State not only involves its legislators, but the entire state
instituion and those that must protect the security, being these either police forces
or armed forces.131
238. Based on the aforementioned, the States must adopt the necessary measures
not only to prevent and punish the deprivation of life as a consequence of criminal
acts, bt also to prevent arbitrary executions by their own police force,132 situation
that is made worse when there is a pattern of violations to human rights.133 The
State must especially supervise that their police forces, which were attributed the
use of legitimate force, respect the right to life of those under its jurisdiction.134
239. As can be concluded from the “Basic Principles of the Use of Force and Fire
Arms by Law Enforcement Officials,” the state police forces may only recur to the use
of lethal weapons when it is “strictly inevitable to protect a life” and when less
extreme measures result ineffective.135
240. As has been stated on previous occasions, this Court acknowledges the
existence of the power and even the obligation of the State to guarantee security
and maintain public order, especially within the prisons, using force if necessary.136
In this sense, it has also established that by reducing the alterations to public order
the State must do so in accordance with and in application of domestic legislation in
seeking the satisfaction of pblic order, as long as this legislation and the actions
taken when applying it adjust, at the same time, to the norms for the protection of
human rights applicable to the subject.137 The state’s power is not limited; it is
130
Cfr. Case of Vargas Areco, supra note 3, para. 75; Case of Montero Aranguren et al. (Detention
Center of Catia), supra note 128, para. 65; and Case of the Ituango Massacres, supra note 7, para. 130.
131
Cfr. Case of Vargas Areco, supra note 3, para. 75; Case of the Ituango Massacres, supra note 7,
para. 131; and Case of the Pueblo Bello Massacre, supra note 7, para. 120.
132
Cfr. Case of Baldeón García, supra note 21, para. 87; Caso of the “Mapiripán Massacre”, supra
note 8, para. 232; and Case of Huilce Tecse, supra note 22, para. 66.
133
Cfr. Case of Baldeón García, supra note 21, para. 87; Case of the Gómez Paquiyauri Brothers,
supra note 21, para. 128; and Case of Myrna Mack Chang. Judgment of November 25, 2003. Series C No.
101, para. 139.
134
Cfr. Case of Servellón García et al., supra note 3, para. 102; and Case of Montero Aranguren et
al. (Detention Center of Catia), supra note 128, para. 66.
135
Cfr. U.N., Basic Principles on the Use of Force and Fire Arms by Law Enforcement Officers,
adopted by the Eight Congress of the United Nations for the Prevention of Crime and Treatment of
Delinquents, Habana, Cuba, August 27th through September 7th, 1990, Principles 4 and 9. In the same
sense, Cfr. Case of Yare I and Yare II Capital Regional Penitenciary Center. Provisional Measures, supra
note 125, Fifteenth whereas, and Monagas Judicial Confinement Center (La Pica). Provisional Measures,
supra note 125, Seventeenth whereas.
136
Cfr. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 128, para. 70;
Case of Neira Alegría et al. Judgment of January 19, 1995. Series C No. 20, para. 75; Case of Godínez
Cruz. Judgment of January 20, 1989. Series C No. 5, para. 162; Case of Yare I and Yare II Capital
Regional Penitenciary Center. Provisional Measures, supra note 125, Fifteenth whereas, and Monagas
Judicial Confinement Center (La Pica). Provisional Measures, supra note 125, Seventeenth whereas; and
Case of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional Measures. Ruling
of the Court of November 30, 2005, Twelfth whereas.
137
Cfr. Case of the Caracazo. Reparations (Art. 63(1) American Convention on Human Rights).
Judgment of August 29, 2002. Series C No. 95, para. 127; Case of Hilaire, Constantine and Benjamin et