[…] 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