international responsibility, the Commission will examine the possible violation of Article 4 of the American
Convention in light of the available information and evidence. Thus, first, it will assess the actions of the State
in the planning and deployment of the operation to capture Mr. Valencia Hinojosa, taking into account the
obligations that the right to life imposes. Second, the Commission will determine if the State is responsible for
the fatal outcome of that operation.
1.
Planning and regulation of the potential use of force in the operation
168.
The European Court has highlighted the importance that the right to life be be interpreted
and applied so as to make its safeguards practical and effective. 145 In that regard, even in the framework of
police operations that seek a legitimate objective, such as the apprehension of a person who has just
committed a criminal offense, international law imposes a series of requirements that derive from the
protections afforded by the rights protected by the Convention, among them, the right to life.
169.
In that regard, in state operations in which the “use of force” is permitted that may give rise,
as an unintended consequence, to the deprivation of life, 146 States are required to adopt the necessary
measures to create an adequate regulatory framework to deter any threat to this right.147 The Inter-American
Court has held that States have a duty to adapt their national laws and to “see that their security forces, which
are entitled to use legitimate force, respect the right to life of the individuals under their jurisdiction."148
170.
The Inter-American court has held that this duty gives rise to the following obligations: (i)
The State must be “clear when defining domestic policies on the use of force and pursue strategies to
implement the Principles on the Use of Force and the Code of Conduct; (ii) Agents should be provided with
different types of weapons, ammunition, and protective equipment that enable them to adapt the elements
used in their reaction proportionately to the incidents in which they have to intervene, restricting the use of
lethal weapons that can cause injury or death as much as possible; and (iii) 149 The State must train its agents
to ensure that they know the legal provisions that permit the use of firearms and are properly trained so that
if they have to decide on their use, they have the relevant criteria do so. 150
171.
The Inter-American Court has found that during an incident when a display of authority is
deployed, “insofar as possible, the State agents should assess the situation and draw up a plan of action before
intervening.”151 With respect to this same obligation, the European Court considers that “unregulated and
arbitrary action by State agents is incompatible with effective respect for human rights.” This means that
“policing operations must be sufficiently regulated ... within the framework of a system of adequate and
effective safeguards against arbitrariness and abuse of force.” 152 In the words of the European Court:
145 ECHR, Case McCann and others v. The United Kingdom. Application No. 27229/95, 27 September 1995, § 146. See, in that
connection, I/A Court H.R., Case of Zambrano-Vélez et al. R. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No.
166, par. 79.
146
ECHR, Case McCann and others v. The United Kingdom. Application No. 27229/95, 27 September 1995, § 148.
147I/A
Court H.R., Case of Zambrano-Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No.
166, par. 81; I/A Court H.R., Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela. Judgment of July 5, 2006. Series C
No. 150, par. 66.
148 I/A Court H.R. Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs. Judgment of October 24,
2012. Series C No. 251. fr. Case of Montero Aranguren et al. TDetention Center of Catia) v. Venezuela. Merits, Reparations and Costs.
Judgment of July 5, 2006. Series C No. 150, par. 66.
149 I/A Court H.R. Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs. Judgment of October 24,
2012. Series C No. 251, par. 84
150 I/A Court H.R. Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs. Judgment of October 24,
2012. Series C No. 251, par. 80.
151 I/A Court H.R. Case of Nadege Dorzema et al. v. Dominican Republic. Merits, Reparations and Costs. Judgment of October 24,
2012. Series C No. 251, par. 81
152ECHR,
Case of Makaratzis v. Greece. Application No. 50385/99/95, 20 December 2004, § 58.