30
of International Law that the State must respond for acts and omissions of its agents in their
official capacity, even if they overstep the limits of their authority86.
104. On the other hand, regarding the State’s argument according to which norms of the
Criminal Code of the National Police would exempt members of its security forces from any
responsibility (supra para. 99), the Court reminds that according to a basic principle of
international law on State’s responsibility States must fulfill their international treaty obligations in
good faith (pacta sunt servanda); and that domestic law may not be invoked to justify nonfulfillment, as previously indicated by this Court and as set forth in article 27 of the Vienna
Convention on the Law of Treaties87. In order to hold whether a violation of the human rights
enshrined in the Convention has occurred, it is not necessary to determine, as it is in domestic
criminal law, the guilt of the perpetrators or their intention; nor is it necessary to identify
individually the agents to whom the violations are attributed88. It is sufficient to demonstrate that
public authorities have supported or tolerated the violation of the rights established in the
Convention89, that they are responsible for omissions which allowed the perpetration of such
violations, or that the State failed to comply with one of its obligations90.
105. As mentioned, two possibilities regarding the circumstances of the deprivation of the life of
the alleged victims have been put forward in the instant case. On the one hand, according to the
official communiqué issued by the Armed Forces in relation to the operation, Mr. Wilmer Zambrano
Vélez, Mr. Segundo Olmedo Caicedo Cobeña and Mr. José Miguel Caicedo Cobeña would have died
while offering resistance91:
[…] Three criminals were killed when putting up resistance. […] The criminals who died shot at
point-blank range at the personnel involved: with a Colt 45 pistol (Wilmer Zambrano), Olmedo
Caicedo with a 38 caliber revolver with dum-dum projectiles that hit the chest of one member
of the military, who was saved because he was protected by a bulletproof vest; Miguel
Caicedo, who tried to take the weapon of one of his guards; he died in the attempt.
106. On the other hand, the version which mostly emerges from the testimonies of the alleged
victims’ family members suggests that they were under detention or custody of state agents before
being deprived of their lives92:
Vanner Omar Caicedo Macias:
Cf. Case of Velásquez-Rodríguez, supra note 75, para. 170. See also Case of the Rochela Massacre, supra note 7,
para. 67; Case of the Pueblo Bello Massacre, supra note 61, para. 111.
86
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the Convention (Arts.
1 and 2 of the American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A No. 14,
para. 35. See also; Case of Miguel Castro-Castro Prison, supra note 7, para. 394, and Case of Almonacid Arellano et al.,
supra note 14, para. 125.
87
Cf. Case of the “White Van” (Paniagua-Morales et al.), supra note 15, para. 91. See also Case of the Rochela
Massacre, supra note 7, para. 68, and Case of La Cantuta, supra note 7, para. 156.
88
Cf. Case of the “White Van” (Paniagua-Morales et al.), supra note 15, para. 91. See also Case of the Rochela
Massacre, supra note 7, para. 68, and Case of 19 Tradesmen, supra note50, para. 141.
89
Cf. Case of the “White Van” (Paniagua-Morales et al.), supra note 15, para. 91. See also Case of the Rochela
Massacre, supra note 7, para. 68, and Case of the "Mapiripán Massacre", supra note 8, para. 110.
90
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).
91
Cf. testimonies presented by Mr. Vanner Omar Caicedo Macías, Mrs. Teresa Susana Cedeño and Mrs. Alicia Marlene
Rodríguez Villegas during the public hearing held in the instant case, on May 15, 2007 (supra para. 7).
92