30 [The] procedures which should be employed [by the State] in the case of an unexplained death in custody exist to provide assurance that it does not remain unexplained […] [Therefore, the] illegal apprehension and detention of [the victim], his unexplained death in custody, and the failure of the Government to undertake adequate measures to address the grave allegations raised in relation to his death, lead the Commission to conclude that the right to life of [the victim] was violated as a result of the failure of the Government to fulfill its duty to respect and guarantee the right to life […] recognized in 156 Article 4, of the American Convention. 132. Before examining the specific facts of the case, the Commission recognizes that Operation Chavín de Huántar had the legitimate objective of protecting the lives of the hostages, who had spent over four months inside the residence of the Ambassador of Japan under the control of fourteen members of the MRTA insurgent group. The IACHR is well aware that the kidnapping of diplomats and civilians violates the basic principles of International Humanitarian Law and it is likewise cognizant that the individuals in the MRTA’s power were at constant risk of their lives and personal integrity. In this regard, the Commission has determined in its Report on Terrorism and Human Rights that States have 157 the obligation to protect and guarantee the security of their populations against terrorist actions. 133. Without detriment to the foregoing, the Commission deems it important to recall that when adopting security measures, States must comply with their international obligations, including International Human Rights Law. As the Commission has pointed out, “unqualified respect for human rights must be a fundamental part of any anti-subversive strategies, when such strategies have to be 158 implemented,” and this entails respect for the full scope of human rights. The IACHR underscores that the power of the State is not unlimited, nor may it resort to any means to achieve its ends “regardless of the seriousness of certain actions and the culpability of the perpetrators of certain crimes.”159 134. The IACHR points out that under International Human Rights Law, certain obligations, including the prohibition on the arbitrary deprivation of life, are not derogable even in situations of extreme insecurity such as those caused by terrorism. Finally, the IAHCR stresses that procurement of security measures and protection of the rights of persons are not mutually exclusive. To the contrary, the strict observance of those rights reinforces human dignity and other principles inherent to the rule of law, which 160 illegal behaviors such as terrorism seek to destroy. 135. In the following paragraphs, the Commission will examine whether, in the instant case, the state agents acted in accordance with the principles of international human rights law when they used lethal force against MRTA members during the anti-terrorist operation. 136. The IACHR observes in relation to the instant case, that while Eduardo Nicolás Cruz Sánchez, Herma Luz Meléndez Cueva and Víctor Salomón Peceros all died in the context of Operation Chavín de Huántar, their deaths occurred in different circumstances. It will therefore examine them separately. With respect to Eduardo Nicolás Cruz Sánchez, alias “Tito” 156 IACHR, Report No. 10/95, Case 10.580, Manuel Stalin Bolaños Quiñónez (Ecuador). Report on Admissibility and the Merits. 1995, paras. 34 and 37. 157 IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/ll.116, Doc. 5 rev. 1 corr., October 22, 2002, para. 33. See also IACHR, Ten Years of Activities 1971-1981 (General Secretariat, OAS, 1982). 158 IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/ll.116, Doc. 5 rev. 1 corr., October 22, 2002, para. 122. See also IACHR, Annual Report of the IACHR 1990-91, Chapter V, Part II, p. 512. The member States of the OAS have explicitly recognized unqualified respect for the rule of law and fundamental human rights as a necessary requirement in efforts to fight terrorism. See for example, Resolution AG/RES.1043 (XX-0/90), of the OAS General Assembly, twentieth regular session of the General Assembly of the OAS, 1990; Inter-American Convention against Terrorism, Preamble, Article 15. 159 Case of Neira Alegría, para. 7.7 160 International Commission of Jurists. Assessing Damage, Urging Action: Report of the Eminent Jurists Panel on Terrorism, Counter-Terrorism and Human Rights, p. 21, (2009), available at www.icj.org/dwn/database/EJP-Report.pdf.

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