25
Every person has the right to have his life respected. This right shall be protected by law and,
in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
67.
The pertinent paragraphs of Article 5 read as follows:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.
All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human
person.
[…]
4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons,
and shall be subject to separate treatment appropriate to their status as unconvicted persons.
[…]
6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and
social re-adaptation of the prisoners.
1.
With respect to the persons who perished in the May 17, 2004 fire in
Cellblock 19 of the San Pedro Sula Prison
68.
The jurisprudence constante of the Inter-American Court is that the right to life is a
fundamental human right the full exercise of which is a condition sine qua non for the enjoyment of
all other human rights. 58 The Court has held that States have the obligation to guarantee the
creation of the conditions required in order that violations of this basic right do not occur and, in
particular, the duty to prevent its agents from violating it. 59 As the Court wrote, the object and
purpose of the Convention, as an instrument for the protection of the human being, requires that
the right to life be interpreted and enforced so that its guarantees are truly practical and effective
(effet utile). 60
69.
Time and time again the Inter-American Court has held that compliance with the
duties imposed by Article 4 of the American Convention, in conjunction with Article 1(1) thereof,
not only presupposes that no person can be arbitrarily deprived of his life (negative duty) but also
requires, pursuant to its obligation to guarantee the full and free exercise of human rights, that the
State adopt any and all necessary measures to protect and preserve the right to life (positive duty)
of the individuals under its jurisdiction. 61 This active protection of the right to life by the State
involves not just legislators, but all State institutions and those who must protect security, both its
police forces and its armed forces. 62 As guarantor of this right, the State must prevent those
situations that might lead, by action or omission, to suppression of the inviolability of the right to
life. 63
58
I/A Court H.R., Case of Zambrano Vélez et al. Merits, Reparations and Costs. Judgment of July 4, 2007. Series
C No. 166, paragraph 78; I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19,
1999. Series C No. 63, paragraph 144.
59
I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series
C No. 63, paragraph 144.
I/A Court H.R., Case of Zambrano Vélez et al. Merits, Reparations and Costs. Judgment of July 4, 2007. Series
C No. 166, paragraph 79; I/A Court H.R., Case of Baldeón García. Judgment of April 6, 2006. Series C No. 147, paragraph
83.
60
61
I/A Court H.R., Case of Zambrano Vélez et al. Merits, Reparations and Costs. Judgment of July 4, 2007. Series
C No. 166, paragraph 80; I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19,
1999. Series C No. 63, paragraph 144.
62
I/A Court H.R., Case of Juan Humberto Sánchez v. Honduras. Judgment of June 7, 2003. Series C No. 99,
paragraph 110.
I/A Court H.R., Case of Juan Humberto Sánchez v. Honduras. Judgment of June 7, 2003. Series C No. 99,
paragraph 111.
63