39
69.
Pursuant to the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials,130 firearms shall only be used under extraordinary
circumstances such as “self-defence or defence of others, against the imminent
threat of death or serious injury, to prevent the perpetration of a particularly serious
crime involving a serious threat to life, to arrest a person presenting such a danger
and resisting their authority, or to prevent his or her escape, and only when less
extreme means are insufficient to achieve these objectives. In any event, intentional
lethal use of firearms may only be made when strictly unavoidable in order to protect
life.”
70.
As stated in prior cases, the Court acknowledges the power, and even the
duty of the State, to guarantee safety and public order, especially within prisons.131
Detention centers as Catia prison, where arms and drug trafficking, the creation of
gangs and violence subculture increase under the passive conduct of the State,
require the permanent protection and safeguard of the safety and life of detainees
and officers that work in such centers. However, the State cannot make use of force
with lethal consequences for inmates only grounded on the existence of the
abovementioned situation. Otherwise, it would imply to release the State from its
duty to take preventive measures and also from its responsibility for the creation of
such conditions.
71.
It is clear that the measures to be adopted by the State must prioritize a
system of preventive measures intended, inter alia, to prevent arms trafficking and
the increase of violence, over a repressive system.
72.
In the instant case, according to the sayings of some former detainees, in the
early morning of November 27, 1992, “the guards [...] opened the cell doors telling
the detainees that they were released, and waited for them to go out in order to
shoot them.” Pursuant to other versions of the facts, a massive breakout attempt
occurred but it failed due to the action of prison authorities that used excessive force
to control the situation. The Prison Guards, the Metropolitan Police and, afterwards,
the National Guards had all of them participated to suppress the breakout attempt.
Despite the different versions about the facts, it is clearly shown by the autopsy
reports submitted to the Court and by the acknowledgment of the State, that the
victims died due to firearm injuries, and in many cases, the bullet trajectory show
that shots were illegally made.
73.
Whether the events that took place on November 27 and 28, 1992 in the
Detention Center of Catia involve an action devised and planned by the government
authorities to arbitrarily kill tens of inmates, or whether they are the result of a
disproportionate reaction from the State to the massive breakout attempt and the
No. 38595/97, para. 107-108; ECHR, Case of McCann and Others v. the United Kingdom. Judgment of
September 27, 1995. Series A No. 324, paras. 148-150 and 194; Código de Conducta para Oficiales de
Seguridad Pública adopted by the General Assembly of the United Nations, Resolution 34/169, dated
December 17, 1979, Article 3.
130
Cf. Principios Básicos sobre el Empleo de la Fuerza y de Armas de Fuego por parte de Oficiales
Encargados de Hacer Cumplir la Ley (Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials. Adopted by the Eighth United Nations Congress on the Prevention of Crime and
Treatment of Offenders, La Habana, Cuba, August 27 to September 7,,1990, Principle 9.
131
Cf. Matter of Yare I and Yare II Capital Region Penitenciary Center, supra note 128, fifteenth
whereas clause; Matter of Monagas Judicial Confinement Center (“La Pica”), supra note 128, seventeenth
whereas clause, and Case of Neira Alegría et al. Judgment of January 19, 1995. Series C No. 20, para. 75.
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