these points. Hence, the need to assess the proven context together with the indications
and presumptions arising from the probative elements.
IV. CONCLUSION
39.
Based on the foregoing, in cases such as this one, where: (a) there is a fully
proven context and modus operandi of extrajudicial executions by state agents in a
country, particularly in the same geographical area where the facts of the case occurred:
(b) that context has been acknowledged by the State; (c) the context conforms
essentially to the specific facts that must be analyzed; (d) there is no dispute that it was
agents of the State who deprived the victims of their life; (e) contradictory versions of
what happened exist, with the State arguing that the facts occurred during a supposed
“confrontation”; (f) elementary investigation measures were not conducted that could
have confirmed or rejected one of the versions; (g) previous judgment of the IACtHR
exist concerning the same context and geographical region that involved the State’s
responsibility, and (f) the version of the supposed confrontations argued by the State
contained serious inconsistencies and was not plausible; therefore, the burden of proof
should have been reversed to presume the existence of extrajudicial executions, unless
there was reasonable evidence to the contrary. Bearing in mind the indications and
presumptions noted in the specific case (see supra, paras. 30 to 38), all the above,
analyzed together with the “context” (see supra, paras. 8 to 16) and its correspondence
with the factual framework of the case (see supra, paras. 27 to 29), confirm that the
facts constitute a hypothesis of extrajudicial executions.
40.
For this reason, we consider that, in the instant case, the Inter-American Court
should have concluded that the violation of the right to life of Robert Ignacio Díaz Loreto,
David Octavio Díaz Loreto, and Octavio Ignacio Díaz Álvarez was due to circumstances
in which these individuals were victims of “extrajudicial executions,” and this is more in
keeping with the second operative paragraph of the judgment which specifies that Article
4 of the American Convention was violated in relation to the State’s obligations “to
respect” and “to ensure” the victims’ right to life.
Eduardo Ferrer Mac-Gregor Poisot
Judge
Elizabeth Odio Benito
Judge
Pablo Saavedra Alessandri
Secretary
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