23
prevent, prosecute and punish the deprivation of life as a result of criminal acts in
general, but also to prevent arbitrary executions by its own security agents.12
67.
In relation to the violation of Article 16 of the American Convention alluded to
by the representatives (supra paras. 19 and 22), for which the State acknowledged
its international responsibility (supra para. 20), this Court, bearing in mind, its
responsibility to protect human rights, considers that the extrajudicial execution of
Pedro Huilca Tecse, in the context of this case, constitutes a violation of the contents
of the right to freedom of association, in relation to trade union rights.
68.
As established above (supra para. 64), the murder of the alleged victim was
motivated by his being a trade union leader who opposed and criticized the policies
of the Government at that time.
69.
Article 16(1) of the Convention includes the “right to associate freely for
ideological, religious, political, economic, labor, social, cultural, sports, or other
purposes.” These words establish literally that those who are protected by the
Convention not only have the right and freedom to associate freely with other
persons, without the interference of the public authorities limiting or obstructing the
exercise of the respective right, which thus represents a right of each individual; but
they also enjoy the right and freedom to seek the common achievement of a licit
goal, without pressure or interference that could alter or change their purpose.13
Therefore, the execution of a trade union leader, in a context such as that of this
case, not only restricts the freedom of association of an individual, but also the right
and freedom of a determined group to associate freely, without fear; consequently,
the right protected by Article 16 has a special scope and nature, and this illustrates
the two dimensions of freedom of association.14
70.
In its individual dimension, labor-related freedom of association is not
exhausted by the theoretical recognition of the right to form trade unions, but also
corresponds, inseparably, to the right to use any appropriate means to exercise this
freedom. When the Convention proclaims that freedom of association includes the
right to freely associate “for [… any] other purposes,” it is emphasizing that the
freedom to associate and to pursue certain collective goals are indivisible, so that a
limitation of the possibilities of association represents directly, and to the same
extent, a limitation of the right of the collectivity to achieve its proposed purposes.
Hence the importance of adapting to the Convention the legal regime applicable to
trade unions and the State’s actions, or those that occur with it tolerance, that could
render this right inoperative in the practice
71.
In its social dimension, freedom of association is a mechanism that allows the
members of a labor collectivity or group to achieve certain objectives together and to
obtain benefits for themselves.
12
Cf. Case of the Gómez Paquiyauri Brothers, supra note 7, para. 129; Case of Myrna Mack Chang,
supra note 4, para. 153; and Case of Juan Humberto Sánchez, supra note 11, para. 110.
13
Cf. Case of Baena Ricardo et al.. Judgment of February 2, 2001. Series C. No. 72, paras. 156 and
159.
14
Cf. mutatis mutandis, Case of Herrera Ulloa. Judgment of July 2, 2004. Series C No. 107, para.
108; and Compulsory Membership in an Association prescribed by Law for the Practice of Journalism (Arts.
13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985.
Series A No. 5, para. 30 and 70.
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