recommendations of this report on the merits, and in a well-founded manner, contributing information about
additional family members that it has not been able to produce previously.
B.
Right to life, right to humane treatment, and rights of the child (articles 4(1)287, 5(1)288
and 19 289 of the American Convention, in relation to articles 1(1) and 2 of the same
instrument)
1.
The duty to respect and guarantee the rights to life and humane treatment and alleged
attribution of international responsibility
188.
The Commission recalls that the right to life is a prerequisite for enjoyment all other human
rights and without which respect for the other rights is meaningless.290 Compliance with Article 4, in relation
to Article 1(1) of the American Convention, requires not only that no person be deprived of their life arbitrarily,
but also that States adopt all appropriate measures to protect and preserve the right to life, under their
obligation to ensure the full and free exercise of the rights of all those subject to their jurisdiction.291 These
obligations are equally applicable to the right to humane treatment.
189.
Since its first judgment in an adversarial case, the Inter-American Court has found that:
Article 1(1) is essential in determining whether a violation of the human rights recognized
by the Convention can be imputed to a State Party. In effect, that article charges the States
Parties with the fundamental duty to respect and guarantee the rights recognized in the
Convention. Any impairment of those rights which can be attributed under the rules of
international law to the action or omission of any public authority constitutes an act
imputable to the State, which assumes responsibility in the terms provided by the
Convention.292
190.
The State’s international responsibility can be based on the acts or omissions of any of its
branches or bodies that violate the American Convention. The responsibility is generated immediately with the
illegal act. Based on this, to establish that a violation of the rights enshrined in the Convention has taken place,
the guilt of the perpetrators or their intent do not need to be established, as with domestic criminal law; neither
is it necessary to individually identify the officials to whom the acts in violation are attributed. It is sufficient to
demonstrate “that acts or omissions have been verified that have allowed the perpetration of these violations
or that a State obligation exists that the State has failed to meet.”293
191.
Throughout the work of the Commission and the Court, they have defined the content of the
obligations to respect and guarantee pursuant to Article 1(1) of the Convention. Regarding the obligation to
respect, the Court has indicated that “According to Article 1(1), any exercise of public power that violates the
rights recognized by the Convention is illegal. Whenever a State organ, official or public entity violates one of
those rights, this constitutes a failure of the duty to respect the rights and freedoms set forth in the
Convention.”294
Article 4(1) of the American Convention: Every 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.
288 Article 5(1) of the American Convention: Every person has the right to have his physical, mental, and moral integrity respected.
289 Article 19. Every minor child has the right to the measures of protection required by his condition as a minor on the part of his family,
society, and the state.
290 IACHR, Case 12,270, Report No. 2/15, Merits, Johan Alexis Ortiz Hernández, Venezuela, January 29, 2015, para. 185.
291 IACHR, Case 12,270, Report No. 2/15, Merits, Johan Alexis Ortiz Hernández, Venezuela, January 29, 2015, para. 186. Likewise: InterAmerican Court. Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations, and Costs. Judgment dated July 4, 2007. Series C No. 166,
para. 80.
292 Inter-American Court. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4. Para. 164.
293 Inter-American Court. Case of González Medina and relatives v. Dominican Republic. Preliminary Objections, Merits, Reparations and
Costs. Judgment of February 27, 2012. Series C No. 240 para. 133; Inter-American Court, Case of the “Pueblo Bello Massacre” v. Colombia,
Judgment of January 31, 2006. Series C No. 140, para. 112.
294 IACHR Report No. 11/10, Case 12,488, Merits, Members of the Barrios Family, Venezuela, March 16, 2010, para. 91. Likewise: InterAmerican Court. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No. 4. Para. 169.
287
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