12
facts or declarations of State officials that were not rectified, or when they corroborate
aspects related to the case.19 The newspaper articles which the representatives submitted
as “supervening evidence” on March 17, 2009 must be disallowed, as they are unrelated to
the factual framework of the instant case, as per the application filed by the Inter-American
Commission.
44.
Having examined the probative elements that appear in the case file, the Court will
now examine the alleged violations taking into account the claims made by the parties and
the partial acknowledgment of international responsibility made by the State (supra paras.
17 to 35).
VII
ARTICLES 4(1) (RIGHT TO LIFE),20 8(1) (JUDICIAL GUARANTEES)21 AND 25(1)
(JUDICIAL PROTECTION)22 OF THE AMERICAN CONVENTION, IN RELATION TO
ARTICLES 1(1) (OBLIGATION TO RESPECT RIGHTS)23 AND 2 (DOMESTIC LEGAL
EFFECTS)24 THEREOF
45.
The Commission and the representatives alleged that there are “clear indications” as
to the participation of members of the State security forces in the planning and concealing
of the execution of Mrs. Blanca Jeannette Kawas-Fernández, which, in their opinion,
evidences the international responsibility of the State, in accordance with Article 4(1) of the
Furthermore, they alleged that the overall lack of an efficient
American Convention.
investigation of the events, punishment of those responsible and reparation to the alleged
victims purports a violation of Article 4(1) of the American Convention, as regards the duty
to provide judicial protection set forth in Article 1(1) of the treaty, and Articles 8(1) and
19
Cf. Case of Velásquez-Rodríguez V. Honduras, supra note 17, para. 146, quoting Military and Paramilitary
Activities in and against Nicaragua (Nicaragua V. USA), 1986 ICJ, paras. 62-64; Case of the “White Van”
(Paniagua-Morales et al). Merits, supra note 14, para. 75; Case of Ríos et al. Preliminary Objections, Merits,
Reparations and Costs, supra note 10, para. 87; and Case of Perozo et al. Preliminary Objections, Merits,
Reparations and Costs, supra note 10, para. 101.
20
In this regard, Article 4(1) sets forth that “[e]very person has the right to have his personal 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”.
21
Article 8(1) of the American Convention establishes that “[e]very person has the right to a hearing, with due
guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established
by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his
rights and obligations of a civil, labor, fiscal, or any other nature”.
22
Article 25(1) of the Convention states that “[e]veryone has the right to simple and prompt recourse, or
any other effective recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even
though such violation may have been committed by persons acting in the course of their official duties”.
23
Article 1(1) of the Convention sets forth that “[t]he States Parties to this Convention undertake to respect
the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social condition”.
24
Article 2 of the Convention provides that “[w]here the exercise of any of the rights or freedoms referred to
in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in
accordance with their constitutional processes and the provisions of this Convention, such legislative or other
measures as may be necessary to give effect to those rights or freedoms”.