64
of protection of the subject of law, either because of his or her personal situation or
because of the specific circumstances in which he or she finds himself.261
244. The rights to life and to personal integrity have an essential nature in the
Convention. According to its Article 27(2) these rights form part of the non-derogable
nucleus of rights, because they cannot be suspended in cases of war, public danger or
other threats.
245. Furthermore the Court has established that the right to life plays a fundamental
role in the American Convention, since it is the essential assumption for the exercise of
the other rights. The States have the obligation to guarantee the creation of the
conditions required to ensure that there are no violations of this inalienable right and,
in particular, the obligation to prevent violations by its agents. The observance of
Article 4, in relation to Article 1(1) of the American Convention, presupposes not only
that no person may be deprived of his life arbitrarily (negative obligation), but also
requires the States to adopt all appropriate measures to protect and preserve the right
to life (positive obligation),262 pursuant to the obligation to ensure to all persons
subject to its jurisdiction the full and free exercise of the rights.263
246. With regard to the obligation to ensure the right recognized in Article 5 of the
American Convention, this entails the State’s duty to prevent and investigate possible
acts of torture or other cruel, inhuman or degrading treatment. In this regard, the
Tribunal has indicated that:
In the light of the general obligation to guarantee all persons under their jurisdiction the
human rights enshrined in the Convention, established in Article 1(1) of the same, along with
the right to humane treatment pursuant to Article 5 (Right to Humane Treatment) of said
treaty, there is a [S]tate obligation to start ex officio and immediately an effective
investigation that allows it to identify, prosecute, and punish the responsible parties, when
there is an accusation or well-grounded reason to believe that an act of torture has been
committed.264
247. Regarding Article 7(1) of the Convention, this Court has stated that, in general,
it embodies the right to personal liberty and security, and that the other paragraphs of
Article 7 recognize different guarantees that must be given when depriving someone of
their liberty. This recognizes that domestic laws usually affect the right to liberty
negatively, by allowing liberty to be deprived or restricted. Therefore, liberty is always
the rule and the limitation or restriction is always the exception.265 Consequently, the
State must prevent the liberty of the individual being violated by the actions of public
officials and private third parties, and must also investigate and punish acts that
violate this right.
261
Cf. Case of Baldeón García v. Peru. Merits, Reparations and Costs. Judgment of April 6, 2006. Series
C No. 147, para. 81; Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and
Costs. Judgment of March 29, 2006. Series C No. 146, para. 154; and Case of the Pueblo Bello Massacre v.
Colombia. Merits, Reparations and Costs. Judgment of January 31, 2006. Series C No. 140, para. 111.
262
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra note 31, para. 144;
Case of the Miguel Castro Castro Prison v. Peru, supra note 248, para. 237, and Case of Vargas Areco v.
Paraguay. Merits, Reparations and Costs. Judgment of September 26, 2006. Series C No. 155, para. 75.
263
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra note 261, para. 120; Case of the Miguel
Castro Castro Prison v. Peru, supra note 248, para. 237, and Case of Vargas Areco v. Paraguay, supra note
262, para. 75.
264
Case of the Miguel Castro Castro Prison v. Peru, supra note 248, para. 345; Case of Vargas Areco v.
Paraguay, supra note 262, para. 79, and Case of Bueno Alves v. Argentina. Merits, Reparations and Costs.
Judgment of May 11, 2007. Series C No. 164, para. 89.
265
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador. Preliminary Objection, Merits,
Reparations and Costs. Judgment of November 21, 2007. Series C No. 170, para. 53.
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