[…] owing to the absence of minimum and essential food and medical care, which is a concern of the Government that requires urgent response […]. [Consequently, it ordered that] The [INDI], together with the National Emergency Secretariat and the Ministry of Public Health and Social Welfare take the necessary measures to immediately provide medical care and food to the families that are members of [the Xákmok Kásek Community] until the conclusion of the legal and administrative procedures regarding the legalization of the land claimed as part of the its traditional habitat.205 192. In brief, in this case the domestic authorities knew of the existence of a situation of real and immediate risk to the life of the members of the Community. Consequently, this gave rise to certain State obligations of prevention – under the American Convention (Article 4 in relation to Article 1[1]) and under its own domestic law (Decree No. 1830) – that obliged it to take the necessary measures that could reasonably be expected, to prevent or avoid this risk. 193. Based on the above, the Court must assess the measures taken by the State to comply with its obligation to guarantee the right to life of the members of the Xákmok Kásek Community. To this end, the Court will analyze the alleged violation of this right in two parts: (1) the right to a decent existence, and (2) the alleged international responsibility of the State for the alleged deaths. 1. The right to a decent existence 1.1. Access to and quality of water 194. According to the testimony of Dr. Pablo Balmaceda, since 2003, the members of the Community have not had water distribution services.206 According to the evidence provided, as of April 2009,207 under Decree No. 1830, the State supplied the following amounts of water to the members of the Community settled in “25 de Febrero”: 10,000 liters on April 23, 2009,208 20,000 liters on July 3, 2009,209 14,000 liters on August 14, 2009,210 and 20,000 liters on August 10, 2009.211 The State indicated that, on February 5, 2009, it had given five tanks of 6,000 m3 to the Community.212 195. The Court observes that the water supplied by the State from May to August 2009 amounted to no more than 2.17 liters per person per day.213 In this regard, according to international standards, most people need a minimum of 7.5 liters per day 205 Cf. Decree No. 1830, supra note 203. 206 Cf. Health and hygiene report on the Enxet Community of Xákmok Kásek, prepared by Dr. Pablo Balmaceda during 2002 - 2003 (file of appendices to the application, attachment 4, folio 2305). 207 Cf. Water distribution schedule, National Emergency Secretariat (file of attachments to the answer to the application, attachment 1.7, folios 3378 to 3381). 208 Cf. Water distribution schedule, National Emergency Secretariat, supra note 207, folio 3378. 209 Cf. Water distribution schedule, National Emergency Secretariat, supra note 207, folio 3380. 210 Cf. Water distribution schedule, National Emergency Secretariat, supra note 207, folio 3381. 211 Cf. Water distribution schedule, National Emergency Secretariat, supra note 207, folio 3379. 212 Cf. Record of February 5, 2005 (file of attachments provided by the State at the public hearing, attachment XIV, folios 3959 to 3962). 213 To obtain this figure, the Court calculated: (total number of liters of water delivered by the State / number of members of the Community who live in 25 de Febrero) = N1; N1 / period of time over which this assistance has been provided, in calendar days = quantity of liters of water per person per day. 44

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos