79
203. As for the violation of Article 1(1) of the American Convention and its relation
to Article 3 common to the Geneva Conventions, the Commission alleged that:
a)
the forced disappearance, torture and execution of Efraín Bámaca
Velásquez by agents of the Guatemalan armed forces shows that the State
violated its obligation to respect and guarantee the rights established in
Article 1(1) of the Convention. These violations cannot be justified by the fact
that the State was faced with a guerrilla movement, because, although the
State has the right and obligation to guarantee its own security and maintain
public order, it must do so in accordance with law and ethics, including the
international legislation to protect human rights;
b)
when a State faces a rebel movement or terrorism that truly threatens
its “independence or security”, it may restrict or temporarily suspend the
exercise of certain human rights, but only in accordance with the rigorous
conditions indicated in Article 27 of the Convention. Article 27(2) of the
Convention strictly forbids the suspension of certain rights and, thus, forced
disappearances, summary executions and torture are forbidden, even in
states of emergency;
c)
according to Article 29 of the Convention, its provisions may not be
interpreted in the sense of restricting the enjoyment of the rights recognized
by other conventions to which Guatemala is a party; for example, the Geneva
Conventions of August 12, 1949.
Therefore, considering that Article 3
common to those Conventions provides for prohibitions against violations of
the right to life and ensures protection against torture and summary
executions, Bámaca Velásquez should have received humane treatment in
accordance with the common Article 3 and the American Convention; and
d)
Article 3, common to the Geneva Conventions, constitutes a valuable
parameter for interpreting the provisions of the American Convention, as
regards the treatment of Bámaca Velásquez by State agents.
204. With regard to applying international humanitarian law to the case, in its final
oral arguments the State indicated that, although the case was instituted under the
terms of the American Convention, since the Court had “extensive faculties of
interpretation of international law, it could [apply] any other provision that it deemed
appropriate.”
*
*
205.
*
Article 1(1) of the Convention provides that
[t]he States Parties to this Convention undertake to respect the rights and freedoms
recognized herein and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms, without any discrimination for reasons of race, color,
sex, language, religion, political or other opinion, national or social origin, economic status,
birth, or any other social condition.
206.
Article 3 common to the 1949 Geneva Conventions provides:
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos