recognized in the Convention. Thus, the notion of restricting the exercise of the State’s
power is necessarily included in the protection of human rights.37
47.
Regarding the obligation to guarantee rights, the Court has established that it can be
fulfilled in different ways, based on the specific right that the State must ensure and the
particular needs for protection,38 owing to either the personal circumstances or the specific
situation involved.39 This obligation entails the duty of the States to organize the entire
government apparatus and, in general, all the structures through which public power is
exercised, so that they are capable of legally ensuring the free and full enjoyment of human
rights.40 As part of this obligation, the State has a legal obligation to “take reasonable steps
to prevent human rights violations and to use the means at its disposal to carry out a
serious investigation of violations committed within its jurisdiction, to identify those
responsible, to impose the appropriate punishment, and to ensure the victim adequate
compensation.”41 The decisive factor is to determine whether “a specific violation […] has
occurred with the support or tolerance of the public authorities, or whether they have acted
in such a way that the violation has been committed without any measures being taken to
prevent it or to punish those responsible.”42
48.
The Court has also indicated that the right to life plays a fundamental role in the
American Convention, as it is the essential assumption for the exercise of all other rights.
States have the obligation to guarantee the creation of the necessary conditions to ensure
that violations of this inalienable right do not occur and, in particular, the obligation to
prevent its agents from violating it. Compliance with Article 4, in relation to Article 1(1) of
the American Convention, not only supposes that no one shall be deprived of his life
arbitrarily (negative obligation), but also requires the States to adopt all appropriate
measures to protect and preserve the right to life (positive obligation),43 in accordance with
the obligation to ensure the free and full exercise of the rights of all those subject to its
jurisdiction.44
49.
Based on the above, the States must, in particular, ensure that their security forces,
which are entitled to the legitimate use of force, respect the right to life of those under its
jurisdiction. In previous cases, the Court has had the opportunity to rule on the criteria for
the legitimate use of force by members of State security forces. The facts of this case are
analyzed in light of these criteria. In this regard, the use of force by State security forces:
37
Cf. The Word “Laws” in Article 30 of the American Convention on Human Rights, Advisory Opinion OC-6/86
of May 9, 1986. Series A No. 6, para. 21. Also, Case of González et al. (“Cotton Field”), supra note 36, para. 235.
38
Cf. Case of the “Mapiripán Massacre” v. Colombia. Merits, reparations and costs. Judgment of September
15, 2005. Series C No. 134, paras. 111 and 113, and Case of Gelmán v. Uruguay. Merits and reparations.
Judgment of February 24, 2011. Series C No. 221, para. 76.
39
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31,
2006. Series C No. 140, para. 111, and Case of Vera Vera et al. v. Ecuador. Preliminary objection, merits,
reparations and costs. Judgment of May 19, 2011 Series C No. 224, para. 42.
40
Cf. Case of Velásquez Rodríguez, supra note 15, para. 166, and Case of Gelmán, supra note 38, para.
189.
41
Cf. Case of Velásquez Rodríguez, supra note 15, para. 174, and Case of Torres Millacura et al. v.
Argentina. Merits, reparations and costs. Judgment of August 26, 2011. Series C No. 229, para. 98.
42
Cf. Case of Velásquez Rodríguez, supra note 15, para. 173, and Case of González et al. (“Cotton Field”),
supra note 36, para. 236.
43
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November
19, 1999. Series C No. 63, para. 139, and Case of Vera Vera et al., supra note 39, para. 41.
44
Cf. Case of the Pueblo Bello Massacre, supra note 39, para. 120, and Case of Xákmok Kásek Indigenous
Community v. Paraguay. Merits, reparations and costs. Judgment of August 24, 2010 Series C No. 214, para. 187.
20