guerrilla group taking the Palace of Justice was widely known by the State’s security
agencies, as well as the approximate date.”
B. Considerations of the Court 798
518. Compliance with the obligations arising from Articles 4 and 5 of the American
Convention supposes not only that no one shall be deprived of their life arbitrarily, or
subjected to cruel, inhuman or degrading treatment or torture (negative obligation), but
also requires States to take all the appropriate measures to protect and preserve the rights
to life and to personal integrity (positive obligation), 799 pursuant to the obligation to ensure
the free and full exercise of the rights to all persons subject to their jurisdiction. 800
519. The obligation to ensure the rights to life and to personal integrity supposes the
State’s duty to prevent violations of these rights. This obligation of prevention encompasses
all those measures of a legal, political, administrative or cultural nature that promote the
safeguard of human rights and ensure that eventual violations of these rights are truly
considered and dealt with as wrongful acts that, as such, may result in punishment for
those who commit them, as well as the obligation to compensate the victims for the harmful
consequences. It is also evident that the obligation of prevention is an obligation of means
or action and non-compliance is not proved merely by the fact that a right has been
violated. 801
520. The obligation to ensure rights encompasses more than the relationship between the
State agents and the persons subject to their jurisdiction, and also includes the duty to
prevent, in the private sphere, third parties from violating the protected rights. 802 According
to the Court’s case law, it is evident that a State cannot be responsible for every violation of
human rights committed between private individuals within its jurisdiction. Indeed, the
State’s treaty-based obligations of guarantee do not signify that States have an unlimited
responsibility in the presence of any fact or act between private individuals, because its
duty to adopt measures of prevention and protection for private individuals in their
relationships with each other are conditional on its awareness of a situation of real and
imminent danger for a specific individual or group of individuals, and on the reasonable
possibility of preventing or avoiding that danger. In other words, even though the legal
consequence of an act or omission of a private individual is the violation of certain human
rights of another private individual, this cannot automatically be attributed to the State,
because the particular circumstances of the case and the implementation of the said
obligations of guarantee must be considered. 803
798
The Court recalls that the presumed victims or their representatives may cite the violation of rights other than
those included in the Commission’s Merits Report (supra para. 47).
799
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19,
1999. Series C No. 63, para. 144, and Case of Luna López v. Honduras. Merits, reparations and costs. Judgment of
October 10, 2013. Series C No. 269, para. 117.
800
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31, 2006.
Series C No. 140, para. 120, and Luna López v. Honduras. Merits, reparations and costs. Judgment of October 10,
2013. Series C No. 269, para. 117.
801
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 166, and
Case of Luna López v. Honduras. Merits, reparations and costs. Judgment of October 10, 2013. Series C No. 269,
para. 118.
802
Cf. Case of the Mapiripán Massacre v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 111,
and Case of Luna López v. Honduras. Merits, reparations and costs. Judgment of October 10, 2013. Series C No. 269,
para. 120.
803
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31, 2006.
Series C No. 140, para. 123; Case of González et al. (“Cotton Field”) v. Mexico. Preliminary objection, merits,
reparations and costs. Judgment of November 16, 2009. Series C No.205, para. 280, and Case of Luna López v.
Honduras. Merits, reparations and costs. Judgment of October 10, 2013. Series C No. 269, para. 120.
182
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos