258. Compliance with Article 4 in conjunction with Article 1(1) of the American Convention
not only presumes that no person shall be deprived of his life arbitrarily (negative obligation),
but also requires the States to take all necessary measures to protect and preserve the right
to life (positive obligation),309 as part of the duty to guarantee full and free exercise of the
rights of all persons under their jurisdiction. 310
259. This is why States have the obligation to guarantee the creation of the conditions
required for violations of this inalienable right not to occur, and in particular, the duty to
prevent its agents from violating it. This active protection by the State of the right to life
involves not only lawmakers, but also every government institution and all those whose job is
to safeguard security, whether the police or the armed forces. 311
260. Consequently, States must adopt all necessary measures to create a legal framework
that deters any possible threat to the right to life; establish an effective system of justice to
investigate, punish, and redress deprivation of life by state officials or private individuals, 312
and guarantee the right to unimpeded access to conditions for a dignified life. 313 Especially,
States must see that their security forces, which are entitled to use legitimate force, respect
the right of life of the people under their jurisdiction. 314
261. Article 4(1) of the American Convention also states that no one shall be arbitrarily
deprived of life. This means that not all deprivation of life can be be found contrary to the
Convention, but only when it takes place in a way that is arbitrary, as for example, the result
of illegitimate, excessive or disproportionate use of force. 315
262. This Court has established that the State has the obligation to ensure security and
maintain public order in its territory and, therefore, has the legitimate right to use force to reestablish this when necessary.316 Although agents of the state may use force, and in certain
circumstances, the use of even lethal force may be needed, the state’s power is not unlimited
for achieving its purposes regardless of the seriousness of certain actions and the culpability
of the perpetrators of certain crimes.317
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 144, and Case
of Landaeta Mejías Brothers et al. v. Venezuela, supra, para. 122.
309
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 120, and Case of Landaeta Mejías Brothers
et al. v. Venezuela, supra, para. 122.
310
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, paras. 144 y 145,
and Case of the Santo Domingo Massacre v. Colombia Preliminary Objections, Merits and Reparations. Judgment of
November 30, 2012. Series C No. 259, para. 190.
311
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 120, and Case of Zambrano Vélez et al. v.
Ecuador, supra, para. 81.
312
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 144, y Case of
Zambrano Vélez et al. v. Ecuador, supra, para. 81.
313
Cf. Case of Montero Aranguren et al. (Detention Center of Catia). Merits, Reparations and Costs. Judgment
of July 5, 2006. Series C No. 150, para. 66, and Case of Zambrano Vélez et al. v. Ecuador, supra, para. 81.
314
Cf. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela, supra, para. 68, y Case of
Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs. Judgment of October 24, 2012. Series
C No. 251, para. 92.
315
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 154, and Case of Rodríguez Vera et al.
(the Disappeared from the Palace of Justice) v. Colombia, supra, para. 78.
316
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 154, and Case of Durand and Ugarte v.
Peru. Merits. Judgment of August 16, 2000. Series C No. 68, para. 69.
317