123.
Article 4.1 of the American Convention establishes that:
[e]very 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.
124.
As for the contents of the right to life, the Inter-American Court has established that:
[…] the right to life plays a fundamental role in the American Convention for being the
essential prerequisite for the realization of the other rights. 156 When the right to life is not
respected, none of the rights make any sense. The States have both the obligation to
guarantee the creation of the necessary conditions to ensure that violations of this
inalienable right do not occur, as well as the duty to prevent the infringement of the said
right by its officials.157 Observance of Article 4, in connection with Article 1.1 of the American
Convention does not only presuppose that no person may be arbitrarily deprived of his life
(negative duty) but also requires, pursuant to the obligation to guarantee the full and free
exercise of human rights, that the States adopt any and all necessary measures to protect and
preserve the right to life (positive duty) of the individuals under their jurisdiction.158
125.
The Commission has proven that Angel Pacheco León was killed on November 23, 2001 after
being gunned down by one person. Likewise, the IACHR observes that there is no dispute between the
parties regarding how a life was taken as a result of the attack, but that rather the dispute focuses on whether
or not these incidents can be attributed to the State.
126.
In that respect, in a case such as the present one, the examination of attribution of
responsibility to the State must take into account the evidence appearing in the case file, the information
about the context available, and to the extent that is relevant, the investigations conducted domestically.
Because of this, in accordance with the allegations made by the petitioners, the Commission shall determine
first of all if the State of Honduras failed to fulfill its obligations to prevent the death of Mr. León Pacheco.
Second, the Commission shall examine whether the elements that emerged from the investigation are the
State's responsibility.
2.2.
The duty to prevent
127.
The Court has repeated that the duty to prevent encompasses "all those measures of a legal,
political, administrative and cultural nature that promote the safeguard of human rights and that ensure that
possible violations of these rights are effectively considered and dealt with as an illegal fact, and as such are
capable of entailing sanctions for those who commit them, as well as the obligation to compensate the victims
for their harmful consequences.”159
156 I/A Court H.R., Case of the Miguel Castro-Castro Prison v. Peru. Judgment of November 25, 2006. Series C No. 160, para. 237;
I/A Court H.R., Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, para. 120; I/A Court H.R.,
Case of Huilca-Tecse v. Peru. Judgment of March 3, 2005. Series C No. 121, para. 65.
157 I/A Court H.R., Case of Zambrano-Vélez et al. v. Ecuador. Judgment of July 4, 2007. Series C No. 166, para. 79; Case of
Montero-Aranguren et al. (Detention Center of Catia) v. Venezuela. Judgment of July 5, 2006. Series C No. 150, para. 64; Case of Ximenes
Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 125; Case of Baldeón-García v. Peru. Judgment of April 6, 2006. Series C
No. 147, para. 83.
158 I/A Court H.R., Case of Vargas-Areco v. Paraguay. Judgment of September 26, 2006. Series C No. 155, para. 75; I/A Court
H.R., Case of the Ituango Massacres v. Colombia. Judgment of July 1, 2006. Series C No. 148, para. 130; I/A Court H.R., Case of the
Sawhoyamaxa Indigenous Community v. Paraguay. Judgment of March 29, 2006. Series C No. 146, para. 152.
159 I/A Court H.R., Case of Luna López v. Honduras. Merits, Reparations and Costs. Judgment of October 10, 2013. Series C No.
269, para. 118; 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. 252.