26
With regard to the persons executed and their relatives, as well as the survivors
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124
1.
Right to Life (Article 4 ) and to Personal Integrity (Article 5 ) in connection with the
Obligation to Respect those Rights (Article 1(1)) of the American Convention on Human Rights.
105.
With regard to the right to life, the Commission recalls:
Article 4 of the Convention guarantees the right of every human being to not be deprived of his life
arbitrarily, which includes the need that the State to adopt substantive measures to prevent the
violation of this right, as would be the case of all measures necessary to prevent arbitrary killings by
its own security forces, as well as to prevent and punish the deprivation of life as a consequence of
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criminal acts carried out by individual third parties.
106.
The Inter-American Court has maintained that the States have the right and the obligation
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to guarantee the security of its citizens and keep the peace, resorting to the use of force if necessary.
Along those lines, the IACHR recalls that “the responsibilities of the armed forces [are limited] to the
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defense of national sovereignty.” In that regard, the IACHR considers that the States have the power to
defend their borders, and to do so, they could, under certain circumstances, rely on the armed forces as
long as “the use remains within the established limits and follows the procedures that help preserve both
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citizen security and the fundamental rights of every human being. ”
107.
Following the jurisprudence of the Inter-American Court, although government agents
may legitimately use lethal force in the performance of their duties, its use should be the exception and it
should be planned and limited by authorities in proportion to the threat, in order that “force or coercive
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tactics are used only after all other means of control have been exhausted or failed.”
108.
Thus, the Inter-American Court has established that the use of force must be the
exception, and it must be planned and limited in proportion to the threat by the authorities. According to
the Court, the use of lethal force and firearms by state security agents against persons must be even
more restricted and, as a general rule, it should be prohibited. The exceptions that define the
circumstances under which the use of force is considered legitimate should be established by law and
should be strictly interpreted in order to always minimize its use, and should never exceed “what is
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absolutely necessary” in relation to the force or threat it is intended to repel. Whenever excessive force
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is used, all resulting deprivation of life is arbitrary.
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Article 4(1). Every person has the right to have his life respected. This right shall be protected by law, and in general,
from the moment of conception. No one shall be arbitrarily deprived of his life.
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Article 5.
1. Every person has the right to have his physical, mental and moral integrity respected.
2. No one shall be subjected to torture of to cruel, inhuman, or degrading punishment or treatment. All persons deprived
of their liberty shall be treated with respect for the inherent dignity of the human person.
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IA Court H.R., Case Servellón García et al. Judgment dated September 21, 2006. Series C No. 152, par. 98; IA Court
H.R., Case Montero Aranguren et al (Retén de Catia). Judgment dated July 5, 2006. Series C No. 150, par. 64; IA Court H.R., Case
Ximenes Lopes Vs. Brasil. Preliminary Exception. Judgment dated November 30, 2005. Series C No. 139, par. 125; and IA Court
H.R., Case of the Ituango Massacres. Judgment dated July 1, 2006. Series C No. 148, par. 131.
126
IA Court H.R., Case Servellón García et al. Judgment dated September 21, 2006. Series C No. 152; IA Court H.R.
Case Montero Aranguren et al (Retén de Catia). Judgment dated July 5, 2006. Series C No. 150;
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IACHR, Report on citizen security and human rights, OEA/Ser.L/V/II., Doc. 57, December 31, 2009, par. 102.
128
IA Court H.R., Case Bulacio.
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IA Court H.R., Case Zambrano Vélez et al Vs. Ecuador. Fondo, Reparations and Costs. Judgment dated July 4, 2007.
Series C No. 166, par. 83; and IA Court H.R., Case Montero Aranguren et al (Retén de Catia). Judgment dated July 5, 2006. Series
C No. 150, par. 67. See also, ECHR, Case of Nachova and others v. Bulgaria, Applications nos. 43577/98 and 43579/98, Judgment
of 6 July, 2005, para. 94.
130
IA Court H.R., Case Montero Aranguren et al (Retén de Catia), Judgment dated July 5, 2006. Series C No. 150. Par.
68. In the same sense see. ECHR, Huohvanainen v. Finland, 13 March 2007, no. 57389/00, pars. 93-94,; ECHR, Erdogan and
Others v. Turkey, 25 April 2006, no. 19807/92, par. 67; ECHR, Kakoulli v. Turkey, 22 November 2005, no. 38595/97, par. 107-108;
ECHR, McCann and Others v. the United Kingdom, judgment of 27 September 1995, Series A no. 324, par. 148-150, 194, and the
Code of Conduct for Law Enforcement Officials adopted by the United Nations General Assembly, resolution 34/169, of December
17, 1979, Article 3.
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IA Court H.R., Case Montero Aranguren et al (Retén de Catia), Judgment dated July 5, 2006. Series C No. 150. Par.
68. In the same sense also see Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted by the
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