41
95.
The Tribunal, in its Advisory Opinion OC-18 on the Judicial Condition and
Rights of Undocumented Migrants, established that there is an indissoluble bond
between the obligation to respect and guarantee human rights and the fundamental
principle of equality and non-discrimination, and that it must permeate all the State’s
actions.61 In that sense, the State may not act against a specific group of people,
owing to reasons of gender, race, color, language, religion or belief, political or other
opinion, national, ethnic or social origin, nationality, age, economic situation,
property, civil status, birth or any other status.62
96.
Programmed and collective arrests, which are not well-founded on the
individualization of punishable acts and that lack judicial control, are contrary to the
presumption of innocence, they wrongfully coerce personal liberty and they
transform preventive detention into a discriminatory mechanism, reason for which
the State may not perform them under any circumstance.
97.
On its part, Article 5 of the American Convention expressly acknowledges the
right to humane treatment, which implies the absolute prohibition of torture and
cruel, inhuman, or degrading punishments or treatments. This Tribunal has
constantly considered in its jurisprudence that said prohibition is currently
encompassed in the jus cogens.63 The right to humane treatment may not be
suspended under any circumstance.64
98.
Article 4 of the Convention guarantees the right of every human being to not
be deprived of his life arbitrarily, which includes the need that the State adopt
substantive measures to prevent the violation of this right, as would be the case of
all measures necessary to prevent arbitrary killings by its own security forces, as well
as to prevent and punish the deprivation of life as a consequence of criminal acts
carried out by individual third parties.65
61
Cfr. Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03,
supra note 60, para. 85.
62
Cfr. Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03,
supra note 60, paras. 100 and 101.
63
Cfr. Case of Montero Aranguren et al., supra note 12, para. 85; Case of Ximenes Lopes, supra
note 3, para. 126; Case of the Ituango Massacres, supra note 3, para. 252; Case of Baldeón García, supra
note 3, para. 117; Case of García Asto and Ramírez Rojas, supra note 55, para. 222; Case of Fermín
Ramírez. Judgment of June 20, 2005. Series C No 126, para. 117; Case of Caesar, supra note 13, para.
59; Case of Lori Berenson Mejía. Judgment of November 25, 2004. Series C No.119, para. 100; Case of
De la Cruz Flores. Judgment of November 18, 2004. Series C No. 115, para. 125; Case of Tibi. Judgment
of September 7, 2004. Series C No. 114, para. 143; Case of the Gómez Paquiyauri Brothers. Judgment of
July 8, 2004. Series C No. 110, paras. 111 and 112; Case of Maritza Urrutia. Judgment of November 27,
2003. Series C No. 103, paras. 89 and 92; Case of Bámaca Velásquez. Judgment of November 25, 2000,
Series C No. 70, para. 154; and Case of Cantoral Benavides. Judgment of August 18, 2000. Series C No.
69, para. 95.
64
Cfr. Case of Ximenes Lopes, supra note 3, para. 126; Case of the Pueblo Bello Massacre, supra
note 7, para. 119; and Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004.
Series C No. 112, para. 157.
65
Cfr. Case of Montero Aranguren et al., supra note 12, para. 64; Case of Ximenes Lopes, supra
note 3, para.125; and Case of the Ituango Massacres, supra note 3, para. 131.