-39and respect and preserve human life, and c) Ensure that assistance and medical aid are rendered to any injured or affected person.”146 166. The same Basic Principles indicate that the “rules and regulations on the use of firearms by law enforcement officials should include guidelines that […] b) firearms are used only in appropriate circumstances and in a manner likely to decrease the risk of unnecessary harm […] d) Regulate the control, storage and issuance of firearms, including procedures for ensuring that law enforcement officials are accountable for the firearms and ammunition issued to them.”147 167. An examination of these norms shows that the State did not adapt its domestic regulations to the Basic Priniciples for preventive and precautionary measures on the use of force. Specifically, the domestic norms on the use of force by State agents did not contain provisions of precautionary and preventive measures, nor on “assistance and medical aid […] to any injured or affected person.” In addition, the incident in this case shows that Sgt. Evangelista Pinedo did not take the necessary precautions to avoid firing his rifle148 nor that neither he nor his colleague on the patrol aided the injured after the shooting and, therefore, the failure to adapt the domestic normative could have had an impact on this specific case. 168. With respect to the domestic normative on the use of force after the incident and, specifically, with respect to Legislative Decree N° 1095 of 2009,149 the Court will not analyze it nor its incompatibility with the Convention because that norm did not exist when the incident occurred and, therefore, it was not applied in the present case. In addition, the Court notes that the constitutionality of that Decree is being challenged.150 169. Consequently, the Court finds that the State is responsible for having violated, at the time of the incident, its obligation to adapt its domestic law on precautionary and preventive measures in the exercise of the use of force and on the assistance to injured or affected persons, in violation of Article 2 of the Convention, in relation to the rights to life and personal integrity contained in Articles 4 and 5 thereof, to the detriment of Ms. Tarazona Arrieta, Ms. Pérez Chávez and Mr. Bejarano Laura. IX. REPARATIONS (Application of Article 63.1 of the American Convention) 170. Based on the provisions of Article 63(1) of the Convention, 151 the Court has held that any violation of an international obligation that has caused harm entails the obligation to Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, adopted at the Eighth Congress of the United Nations on the Prevention of Crime and the Treatment of the Offender, Havana, Cuba, August 27 to September 7, 1990, Principles 2 and 5. 146 147 Basic Priniciples of 1990, Principle 11. 148 Decision of the National Criminal Chamber of July 23, 2008 (evidence file, folio 61). Legislative Decree N° 1095, which “establishes rules for the use of force by the Armed Forces in the national territory” of August 31, 2010 (evidence file, folios 4961 to 4965). 149 150 Writ of unconstitutionality of December 19, 2011 (evidence file, folios 3757 to 3795). Article 63(1) of the American Convention establishes that: “If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such rights be remedied and that fair compensation be paid to the injured party.” 151

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