6
22.
And in the cases of Juan Humberto Sánchez (2003, para. 110) and the 19
Tradesmen (2004, para. 153), the Court explicitly stated that
The right to life plays a key role in the American Convention as it is the essential
corollary for realization of the other rights. When the right to life is not respected, all
other rights lack meaning. The States have the obligation to ensure creation of the
conditions required to avoid violations of this inalienable right and, specifically, the duty
of avoiding violations of this right by its agents. Compliance with Article 4, in
combination with Article 1(1) of the American Convention, not only requires that no
person be deprived of his life arbitrarily (negative obligation), but also that the States
take all appropriate measures to protect and preserve the right to life (positive
obligation), as part of their duty to ensure full and free exercise of the rights by all
persons under their jurisdiction. This active protection of the right to life by the State
does not only involve legislators, but all State institutions.
23.
For all the aforementioned reasons, we find that for operative paragraph n.4
of the instant Judgment not to contradict the body of the judgment, and specifically
its operative paragraphs ns. 3 and 7, the Court should have found the State to be
objectively responsible internationally, also due to lack of due diligence, as a causal
link to the death of the ten members of the Yakye Axa Community listed in
paragraph 8 (supra) of our Dissenting Opinion. We hope that our reasoning will help
to correct, as soon as possible, the regression that operative paragraph 4 of the
instant Judgment constitutes in connection with evolution of the jurisprudence of this
Court.
24.
We the undersigning Judges decided to state our position and issue the
instant Joint Dissenting Opinion on the objective international responsibility of the
State for violation of the right to life of ten members of the Yakye Axa Community,
including eight helpless children (see paragraph 8, supra), because in cases such as
this one, in which lack of due diligence by the State has a direct impact in terms of
loss of human lives, it is our understanding that the Judges of the Inter-American
Court of Human Rights must enhance the awareness of all inhabitants of our region
so that facts such as those of the instant case do not happen again, to the detriment
of those who most need protection, who have no one else to resort to in our
societies, and of all those who are socially marginalized and excluded, who suffer in
silence, but who in no way can be forgotten by the Law.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra Alessandri
Secretary
Manuel E. Ventura Robles
Judge