92
150.
The CEH also stated in its final conclusions that:
it has established that in Guatemala the military intelligence services conducted
unconventional and irregular operations outside any legal order or framework. Their
illegal operations were clandestine, both in their preparation and in their execution. The
purpose of these missions was to ensure secrecy of a task so that it would not be
possible to identify the accessories and direct perpetrators of the facts, to exonerate the
agents of the State from all responsibility, and to thus ensure the ineffectiveness of any
judicial or police investigation.243
151. Therefore, and pursuant to the proven facts, the Court deems it proven that
at the time of the facts there was in Guatemala a pattern of selective extra-legal
executions fostered and tolerated by the State itself (supra paras. 134.10 and
134.11). In this regard, the CEG stated in its final conclusions, with respect to the
extra-legal executions, that:
the State of Guatemala repeatedly and systematically committed
violations of the right to life that in this Report are referred to as
arbitrary executions, aggravated in many cases by resorting to
extreme mercilessness, as happened for example in situations in which
the bodies were abandoned with obvious signs of torture, multiple
mutilations, bullet wounds, or burns. The agents of this type of
violations were generally Army officers, specialists, and troops, death
squads operating under the protection of the authorities or constituted
by their agents [...].244
152. On this matter, the Court has pointed out that when there is a pattern of
extra-legal executions fostered or tolerated by the State, this generates an
environment that is incompatible with effective protection of the right to life . This
Court has established that the right to life plays a fundamental role in the American
Convention because it is a prior condition for realization of the other rights.245 When
the right to life is not respected, all the other rights lack meaning. The States have
the obligation to ensure the creation of such conditions as may be required to avoid
violations to this inalienable right and, specifically, the duty of avoiding attempts
against it by the agents of the State.246
153. Compliance with Article 4 of the American Convention,
Article 1(1) of that same Convention, requires not only that no
deprived of his or her life (negative obligation), but also that
appropriate measures to protect and preserve the right
in combination with
person be arbitrarily
the States adopt all
to life
(positive
242
Cf. report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del silencio”
in June, 1999, volume VI, page 369.
243
Cf. report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del silencio”
in June, 1999, Conclusions, page 31.
244
Cf. report by the Comisión para el Esclarecimiento Histórico, “Guatemala, memoria del silencio”
in June, 1999, Conclusions, page 44.
245
Cf. Juan Humberto Sánchez Case, supra note 9, para. 110; and “Street Children” Case (Villagrán
Morales et al.), supra note 8, para. 144.
246
Cf. Juan Humberto Sánchez Case, supra note 9, para. 110.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos