responsibility is based on acts or omissions of any of its branches or organs, irrespective of their
rank, that violate the American Convention.167
143. Regarding the obligation to respect rights, the Court has stated that the first obligation
assumed by States Parties, under the said article, is “to respect the rights and freedoms”
recognized in the Convention. Thus, the protection of human rights must necessarily encompass
the notion of the restriction of the exercise of the State’s powers.168
144. With regard to the obligation to ensure rights, the Court has established that it may be
complied with in different ways, based on the specific right that the State must ensure and the
specific needs for protection.169 This obligation involves the States’ obligation to organize the
entire government apparatus and, in general, all the structures through which public power is
exercised, so that they are capable of ensuring legally the free and full exercise of human
rights.170 As part of this obligation, the State has the legal obligation to “prevent, reasonably,
human rights violations, and to investigate, genuinely using the means available to it, the
violations committed within their jurisdiction in order to identify those responsible, impose the
pertinent punishments on them, and ensure adequate reparation for the victim.”171 The decisive
aspect is to determine “whether a specific violation […] has taken place with the support or
tolerance of the public authorities or if they have acted so that the violation has occurred in the
absence of any preventive action or has remained unpunished.”172
145. The Court has also established that the right to life plays a fundamental role in the
American Convention, because it is the essential assumption for the exercise of the other rights.
States are obliged to guarantee the creation of the conditions required to ensure that this
inalienable right is not violated and, in particular, the obligation to prevent its agents from
violating it. Observance of Article 4, in relation to Article 1(1) of the American Convention, not
only supposes that no one shall be arbitrarily deprived of his life (negative obligation), but also
requires the States to adopt all appropriate measures to protect and preserve the right to life
(positive obligation),173 in keeping with the obligation to ensure the full and free exercise of the
rights of all persons under their jurisdiction. 174
146. 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 security, whether these be its police
forces or its armed forces. Consequently, States must adopt the necessary measures, not only
at a legislative, administrative and judicial level, by the enactment of criminal laws and the
establishment of a justice system to prevent, eliminate and punish the deprivation of life as a
result of criminal acts, but also to prevent and protect the individual from the criminal acts of
other individuals and to investigate these situations effectively.175
167
Cf. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary objection, merits, reparations and
costs. Judgment of July 10, 2007. Series C No. 167, para. 79, and Case of Vélez Restrepo and family members v.
Colombia, para. 125.
168
Cf. The Word “Laws” in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of
May 9, 1986. Series A No. 6, para. 21, and Case of Vélez Restrepo and family members v. Colombia, para. 126.
169
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, reparations and costs, para. 113, and Case of Gelman
v. Uruguay. Merits and reparations. Judgment of February 24, 2011. Series C No. 221, para. 76.
170
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 166, and Case of Vélez Restrepo and family
members v. Colombia, para. 126.
171
Case of Velásquez Rodríguez v. Honduras. Merits, para. 174, and Case of Vélez Restrepo and family members v.
Colombia, para. 186.
172
Case of Velásquez Rodríguez v. Honduras. Merits, para. 173, and Case of Vélez Restrepo and family members v.
Colombia, para. 186.
173
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 the Barrios Family v. Venezuela, para. 48.
174
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31,
2006. Series C No. 140, para. 120, and Case of the Barrios Family v. Venezuela, para. 48.
175
Cf. Case of the Pueblo Bello Massacre v. Colombia, para. 120, and Case of Escué Zapata v. Colombia, para. 40.
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