21 VI ARTICLE 4(1) (RIGHT TO LIFE)54 IN CONJUNCTION WITH ARTICLE 1(1) OF THE AMERICAN CONVENTION 72. As mentioned in the chapter on the Partial Aknowledgement of Responsibility (supra para. 16), the dispute over the responsibility of the State for the alleged violation of Article 4 of the Convention remained open. The Court will therefore proceed to the analysis of the relevant facts and arguments. 73. The following facts are acknowledged and undisputed: on March 6, 1993, the three branches of the Armed Forced – the Navy, the Air Force and the Army - along with the National Police, carried out a joint operation in a peripheral area of the city of Guayaquil called “Barrio Batallón,” located between “40th” street and “K” street. This operation, carried out within the framework of the state of emergency declared by decree-law six months earlier (supra para. 44), was planned three months ahead of time. It included the participation of around 1,200 agents with the support of army trucks, boats and one helicopter. During the operation, members of the Armed Force hooded with balaclavas used explosives to open the doors of the homes and entered into the houses of Mr. Wilmer Zambrano Vélez, Mr. Segundo Olmedo Caicedo Cobeña and Mr. José Miguel Caicedo Cobeña, alleged victims in the instant case, who were to be found along with their partners and some of their children and were deprived of their life by gunshots fired by state agents. 74. According to the State’s declaration, “the main objective of the operation was to arrest criminals, drug traffickers and terrorists”. Representatives of the Armed Forces told the press that they acted based on the National Security Law as well as military intelligence information55. Moreover, an official communiqué issued by the Armed Forces related a version of the facts56 which is coherent with a report on the March 11, 1993 military operation addressed to the Chief of the Article 4(1) of the Convention states that: “[e]very 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”. 54 Cf. Press reports of March 9, 1993, of the newspaper “El Hoy”, “Armed Forces explain the violent operation to counter crime" (annexes to the application, annex 28, folio 569). 55 Cf. Official communiqué published by the Armed Forces on the operation carried out in “Barrio Batallón” on March 6, 1993 (application, files on the merits, folio 15): 56 Upon request from the citizens, medias and public opinion generally that the Armed Force intervene in view of the incontrollable growth of criminal activities, the joint command of the Armed Forces, protecting the domestic security of the Nation, ordered that an operation be carried out in the city of Guayaquil, on the basis of information collected by the military intelligence, operation which was carried out on Saturday, March 6, at 6:00 AM, with the participation of personnel of the three branches of the Armed Forces quartered in the province. The objectives of the operation were to capture subversive elements, criminals, drug dealers, arms and related materials. The result of such operation is the following: Three criminals were killed when putting up resistance. 39 [were] arrested, whom, according to their preliminary declarations, have participated in various assaults, murders, violations, drug dealing and consumption. […] […] Citizens must be aware that a military operation involves the use of force and as such opposing resistance to such operation can carry out regrettable consequences; therefore, from now on we ask for the collaboration of every citizen. Taking into account the manner in which such operation has been planned and executed, the State considers that it was a clean operation, since except for the criminals who offered resistance nobody got hurt. If houses have resulted in a mess it was for the imperious necessity to find drugs and arms which […] ended up to be positive. Citizens must have the certainty that the Armed Forces will act similarly in the future, with the sole objective of fighting such elements who are trying to alter law and order”.