42
accountability of govenment officers in theory as well as in practice.138 Furthermore,
said Court has stated that the assessment on the use of force which involved use of
firearms must be made taking into account all the circumstances and factual
backdrop, including the planification and control of the facts under scrutiny.139
83.
Summing up, any deficiency or fault in the investigation affecting the ability
to determine the cause of death or to identify the actual perpetrators or
masterminds of the crime will constitute failure to comply with the obligation to
protect the right to life.140
84.
The Court points out that in the instant case, significant omissions were made
in the investigation proceedings initiated by the goverment authoritites, due to the
lack of cooperation of police forces and jail authorities in the collection and custody
of vital evidence (supra paras. 60(30) to 60(36).) Said omissions are so significant
that Venezuela has stated that the prosecution of the investigation involved in this
case is "impossible from the practical point of view”, which is contrary to the
obligations arising out of the Convention.
B) Detention conditions at the Detention Center of Catia.
85.
Section 5 of the Convention declares one of the fundamental values of a
democratic society: the right to humane treatment, according to which: “Every
person has the right to have his physical, mental, and moral integrity respected,”
and torture and cruel, inhuman or degrading punishment or treatment are expressly
prohibited. As regards to persons deprived of their liberty, Article 5.2 of the
Convention provides that they shall be treated regarding for the inherent dignity of
the human person. Under Article 27(2) of the Convention, said right is part of the
inalienable human rights, since it has been provided it cannot be suspended in case
of war, public hazard or other threats to the independence or security of the State
Parties.141 In this sense, the States cannot invoke economic hardships to justify
imprisonment conditions that do not respect the inherent dignity of human beings.142
86.
Deprivation of liberty generally causes, as its unavoidable consequence, the
impairment of other human rights, besides the right to personal liberty. However,
said impairment of rights arising from the deprivation of liberty or as its collateral
effect, must be strictly minimized.143 Furthermore, the State must ensure that the
138
Cf. ECHR, Case of Isayeva v. Russia, supra note 137, para. 214; ECHR, Case of Nachova and
Others v. Bulgaria. Application nos. 43577/98 and 43579/98, para. 119; ECHR, Case of McKerr v. the
United Kingdom. Judgment of 4 May 2001. Application No. 28883/95, para. 115.
139
Cf. ECHR, Case of Erdogan and Others v. Turkey. supra note 129, para. 68; ECHR, Case of
Makaratzis v. Greece. Judgment of 20 December 2004. Application No. 50385/99, para. 59; ECHR, Case of
McCann and Others v. United Kingdom. supra note 129, para. 150.
140
Cf. Case of Baldeón García, supra note 3, para. 97; Case of the Pueblo Bello Massacre, supra note
6, para. 144,and Case of the “Mapiripán Massacre”, supra note 7, para. 219.
141
Cf. Case of the Pueblo Bello Massacre, supra note 6, para. 119.
142
Cf. ECHR, Case of I.I v Bulgaria. Judgment of 9 June 2005. Application No. 44082/98, para. 77;
ECHR, Case of Poltoratskiy v. Ukraine. Judgment of 29 April 2003. Application No. 38812/97, para. 148.
143
Cf. Case of López Álvarez. Judgment of February 1, 2006. Series C No. 141, para. 105; Case of
the “Juvenile Reeducation Institute”, supra note 127, para. 154, and Case of the “Five Pensioners”.
Judgment of February 28, 2003. Series C No. 98, para. 116
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