-94The States have the obligation to guarantee the establishment of the conditions to
ensure that violations of this inalienable right do not occur and, in particular, the
obligation to prevent its agents from violating it.198 In compliance with the
obligations imposed by Article 4 of the American Convention, in relation to Article
1(1) thereof, this not only assumes that no one shall be deprived of his life arbitrarily
(negative obligation), but also, in light of the State’s obligation to guarantee the full
and free exercise of human rights, it requires States to adopt all the appropriate
measures to protect and preserve the right to life (positive obligation). This active
protection of the right to life by the State involves not only its legislators, but all
State institutions, and those responsible for safeguarding security, whether they are
members of its police forces or its armed forces.199 Consequently, States must adopt
the necessary measures, not only at the legislative, administrative and judicial level,
by issuing penal norms and establishing a system of justice to prevent, eliminate and
punish the deprivation of life as a result of criminal acts, but also to prevent and
protect individuals from the criminal acts of other individuals and to investigate these
situations effectively (infra paras. 125 to 127 and 142 to 146).
121. In this case, the State recognized that “the law enforcement personnel were
guarantors of the respect, protection and guarantee of the human rights of the
inhabitants of the jurisdiction of Pueblo Bello.” However, it maintained that “the
treaty-based obligations cannot be an unacceptable burden for States; the State
cannot be the guarantor of everything everywhere[. …] The State’s ability to react
was limited by a critical situation of public order that made it impossible to cover all
its territory, which is very extensive. [… T]here were military forces in the zone, so
that the State […] had taken general measures of protection: precisely those in
keeping with the State’s reaction capability.” In addition, the State alleged that:
The existence of a material, functional and territorial jurisdiction of the public servants in
the area in which the incidents occurred is not in discussion, because the members of he
Armed Forces were present with a base and a military roadblock in the zone. Thus, it is
clear that, in relation to the facts under examination, the obligations of the members of
the Colombian Armed Forces were to protect the population and to guarantee security in
the region, obligations that must be defined in the context of personal attribution.
[According to the State, although] the presence of the soldiers in the zone and their
protection of security there (especially in the case of the roadblock, as regards the
guarantee of the rights of those who traveled along that route), form the grounds in this
specific case [for compliance] with the general obligation to respect and protect the
rights of the population[,…] this [is not] sufficient to determine the responsibility of the
State[, because] to be able to attribute some form of responsibility to the Army who was
the guarantor [it is necessary to prove] that the subject has created a legallyunacceptable danger, the first element of the so-called theory of objective attribution,
widely recognized in penal doctrine.
Humberto Sánchez, supra note 189, para. 110, and Case of the “Street Children” (Villagrán Morales et
al.). Judgment of November 19, 1999. Series C No. 63, para. 144.
198
Cf. Case of the 19 Merchants, supra note 192, para. 153 citing United Nations Human Rights
Committee, General Comments 6/1982, para. 3 in Compilation of General Recommendations adopted by
Human Rights Treaty Bodies, U.N.Doc.HRI/GEN/1/Rev 1 in 6 (1994); United Nations Human Rights
Committee, General comment 14/1984, para. 1 in Compilation of General Recommendations adopted by
Human Rights Treaty Bodies, U.N.Doc.HRI/GEN/1/Rev 1 in 18 (1994); Cf. also, Case of Myrna Mack
Chang. Judgment of November 25, 2003, Series C No. 101, para. 152; Case of Juan Humberto Sánchez,
Judgment of June 7, 2003, Series C No. 99, para. 110, and Case of the “Street Children” (Villagrán
Morales et al.), supra note 197, para. 144.
199
Cf. Case of the “Mapiripán Massacre”, supra note 7, para. 232; Case of Huilce Tecse. Judgment of
March 3, 2005. Series C No. 121, para. 66, and Case of the “Juvenile Reeducation Institute”, supra note
17, para. 129.
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