44
such as that of the present case, in which there has been a context of violence
characterized by extrajudicial killings and impunity, becomes the State’s duty to stop
the conditions that allow the repeated occurrence of the arbitrary deprivations of life
and their lack of investigation.
109. In the present case, it has been proven that the State did not adopt the
measures necessary to change the context of violence against children and
youngsters, framework within which Marco Antonio Servellón García, Rony Alexis
Betancourth Vásquez, Orlando Álvarez Ríos, and Diomedes Obed García Sánchez
were killed. This makes the State’s international responsibility worse.
*
*
*
110. The mentioned context was marked by the stigmatization of the youngsters
as the alleged responsible parties for the increase in public insecurity in Honduras
and by the identification, as young delinquents, of the children and youngsters in
situations of social risk, that is, poor, in situations of vagrancy, without stable
employment or that suffer from other social problems (supra para. 79(1)).
111. Regarding that link between poverty and violence directed to children and
youngsters, the Special Rapporteur of the United Nations for Extrajudicial, Summary,
or Arbitrary Killings, stated in her report of June 14, 2003 regarding Honduras, that
“[e]ven though children are vulnerable and they are exposed to abuses and to crime
due to lack of autonomy, juvenile delinquency can never be used to justify the killing
of children by security forces in order to maintain public order.”71
112. The Court warns that, in attention to the principle of equality and nondiscrimination, the State cannot allow that its agents, nor can it promote in the
society practices that reproduce the stigma that poor children and youngsters are
conditioned to delinquency, or necessarily related to the increase in public insecurity.
That stigmatization creates a climate propitious so that those minors in risky
situations are constantly facing the threat that their lives and freedom be illegally
restrained.
113. The previous is especially serious in the present case, since Marco Antonio
Servellón García and Rony Alexis Betancourth Vásquez were juveniles. In Advisory
Opinion No. 17 on the Juridical Condition and Human Rights of the Child, the Court
stated that the cases in which the victims of violations to human rights are boys and
girls, who also have special rights derived from their condition, and these are
accompanied by specific duties of the family, society, and the State, are especially
gross.72 The Tribunal understands that the due protection of children’s’ rights must
take into consideration the characteristics of children themselves and the need to
71
Cfr. Civil and political rights, specifically the matters related with the disappearances and
summary killings. Extrajudicial, summary or arbitrary killings. Report of the Special Rapporteur, Mrs.
Asma Jahangir, presented in compliance of decision 2002/36 of the Human Rights Commission. Addition.
Mission to Honduras. E/CN.4/2003/3/Add.2. of June 14, 2002.
72
Cfr. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28,
2002. Series A No. 17, para. 54. Cfr. also, Case of the Ituango Massacres, supra note 3, para. 244; Case
of the “Mapiripán Massacre”, supra note 9, para. 152; and Case of the girls Yean and Bosico. Judgment of
September 8, 2005. Series No C 130, para. 33.