104. With respect to the State’s responsibility for an internationally wrongful act, it should be
recalled that, since its first judgment in a contentious case, the Inter-American Court has indicated
that Article 1(1) is essential for determining whether a violation of the human rights recognized in the
Convention can be attributed to a State Party. Indeed, this article imposes on States Parties the
fundamental obligation to respect and guarantee the human rights recognized in the Convention. Any
impairment of those rights that can be attributed, under the rules of international law, to the action
or omission of any public authority constitutes an act attributable to the State, which implies its
responsibility under the terms set forth in the Convention. 144
105. Thus, the Court has indicated that the State’s international responsibility may be based on acts
or omissions, by any of its powers or organs, that violate the American Convention, and is generated
immediately by the internationally wrongful act attributed to the State. 145 The Court has also indicated
that an internationally wrongful act exists when conduct consisting of an action or omission: a) is
attributable to the State under international law, and b) constitutes a breach of an international
obligation of the State. 146
106. Regarding the content of the obligations to respect under Article 1(1) of the Convention, the
Court has stated that “in accordance with Article 1(1) any exercise of public authority that violates the
rights embodied in the Convention is unlawful. In this regard, any circumstances in which a body or
official of the State or of a public institution inappropriately abridges one of those rights constitutes a
failure to comply with the duty to respect rights enshrined in that article.” 147 This conclusion is
independent of whether the organ or official has acted in contravention of the provisions of domestic
law or exceeded the limits of his authority, since it is a principle of international law that the State is
responsible for the acts of its agents carried out in their official capacity and for their omissions, even
if they act outside their sphere of competence or in violation of domestic law. 148 Similarly, according
to the articles on State responsibility, “the conduct of an organ of a State or of a person or entity
empowered to exercise elements of governmental authority shall be considered an act of the State
under international law if the organ, person or entity acts in that capacity.” 149
107. This Court has also indicated that, as a general rule, and in accordance with Article 7 of
International Law Commission (ILC) Articles on Responsibility of States for Internationally Wrongful
Acts, any conduct, including ultra vires acts, of a State organ or of a person or entity empowered to
exercise elements of governmental authority shall be considered an act of the State. This rule has
only one exception, and that is when said organ or person is not acting in that capacity, i.e. when the
144
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 164, and Case
of Isaza Uribe et al. v. Colombia. Merits, reparations and costs. Judgment of November 20, 2018. Series C No. 363, footnote
63.
145
Cf. Case of González Medina and Family v. Dominican Republic. Preliminary objections, merits, reparations and costs.
Judgment of February 27, 2012 Series C No. 240, para. 133; Case of the Pueblo Bello Massacre v. Colombia, Judgment of
January 31, 2006, Series C No. 140, para. 112, and Case of Bedoya Lima et al. v. Colombia. Merits, reparations and costs.
Judgment of August 26, 2021. Series C No. 431, para. 88.
146
Cf. Case of Villamizar Durán et al. v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of
November 20, 2018. Series C No. 364, para. 134, and Case of Castillo González et al. v. Venezuela. Merits. Judgment of
November 27, 2012. Series C No. 256, footnote 51. See also, United Nations General Assembly, Responsibility of States for
Internationally Wrongful Acts, A/RES/56/83, January 28, 2002, Article 2.
147
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 169, and Case
of the "Mapiripán Massacre" v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 108.
148
Cf. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4, para. 170, and Case
of I.V. v. Bolivia. Preliminary objections, merits, reparations and costs. Judgment of November 30, 2016. Series C No. 329,
para. 222.
Cf. Case of Women Victims of Sexual Torture in Atenco v. Mexico. Preliminary objection, merits, reparations and costs.
Judgment of November 28, 2018. Series C No. 371, footnote 237, and Case of Villamizar Durán et al. v. Colombia. Preliminary
objection, merits, reparations and costs. Judgment of November 20, 2018. Series C No. 364, para. 142. Article 7 of the Articles
on Responsibility of States for Internationally Wrongful Acts drafted by the UN International Law Commission. See also, Military
and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America). Merits, Judgment. I.C.J. Reports
1986.
149
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