exclusively to recapture the individuals who had escaped from the maximum security prison, “El Infiernito,” and it included a whole process of guarantees and respect for the human rights established in both domestic and international law. The State denied that this plan had been created in order to kill any of the fugitives. 99. Furthermore, during the public hearing the State argued that it did not contest the fact that Mr. Ruiz Fuentes died a violent death, although that death had not been clarified in the domestic sphere and, therefore, it was not legally viable to define a crime merely on the basis of “assertions concerning the context and conjectures derived from the reports presented by the Commission and the petitioners’ representatives.” B. Considerations of the Court 100. This Court has established that observance of Article 4, in relation to Article 1(1) of the American Convention, not only supposes that no one will be deprived of their life arbitrarily (negative obligation), but also requires States to adopt all appropriate measures to protect and preserve the right to life (positive obligation), in keeping with the duty to ensure the free and full exercise of human rights to all persons subject to their jurisdiction. 116 Consequently, States have the obligation to guarantee the conditions required to ensure that this inalienable right is not violated and, in particular, the duty to prevent its agents from violating it. This active protection of the right to life by the State involves not only its legislators, but also every state institution and those who should safeguard its security, whether law enforcement agents or the armed forces.117 101. The evidence in the case file reveals that Mr. Ruiz Fuentes was found dead from bullet wounds on November 14, 2005, between Avenue 0 and 5th Street of Colonia Monja Blanca de Barberena, Santa Rosa.118 According to the police record of that date, the body of Mr. Ruiz Fuentes was lying on its back with arms and legs outstretched and eyes closed.119 Mr. Ruiz Fuentes had a gunshot wound in the “right mammary or nipple area” and a gunshot wound in “the region of the right eye socket.”120 The record also indicated that Mr. Ruiz Fuentes was holding a 6 mm caliber pistol and that 20 shells of unknown caliber and a destroyed bullet of an unknown caliber were found in a doorway of a house located at the crime scene.121 The record indicates that, according to neighbors who did not wish to identify themselves, Mr. Ruiz Fuentes had been pursued by “several unknown individuals, with whom he exchanged shots” as a result of which he was hit by “several bullets” which killed him.122 According to the autopsy report of November 15, 2005, the cause of death was “cerebral and pulmonary perforation by puncture wounds from firearm bullets.”123 102. However, the circumstances in which Mr. Ruiz Fuentes’ death occurred and whether this can be attributed to the State are contested matters. Consequently, the Court will now examine the plausibility of the hypotheses presented by the Commission and the representatives of the alleged victims, on the one hand, and by the State, on the other, in light of the evidence in the case file . 116 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 144, and Case of Omeara Carrascal et al. v. Colombia. Merits, reparations and costs. Judgment of November 21, 2018. Series C No. 368, para. 175. 117 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, paras. 144 and 145, and Case of Omeara Carrascal et al. v. Colombia. Merits, reparations and costs, supra, para. 175. 118 Cf. Police record of November 14, 2005, Procedure No. 1709-2005 (evidence file, folio 233), and Autopsy performed by Dr. Edgar Ricardo Arriola Barrios, Departmental Forensic Physician of the Cuilapa Judiciary, Santa Rosa, on November 15, 2005 (evidence file, folio 231). 119 Cf. Police record of November 14, 2005, Procedure No. 1709-2005 (evidence file, folio 233). 120 Cf. Police record of November 14, 2005, Procedure No. 1709-2005 (evidence file, folio 233). 121 Cf. Police record of November 14, 2005, Procedure No. 1709-2005 (evidence file, folio 233). 122 Cf. Police record of November 14, 2005, Procedure No. 1709-2005 (evidence file, folio 233). 123 Cf. Autopsy performed by Dr. Edgar Ricardo Arriola Barrios, Departmental Forensic Physician of the Cuilapa Judiciary, Santa Rosa, on November 15, 2005 (evidence file, folio 231). 25