37
VIII
VIOLATION OF ARTICLES 4 (RIGHT TO LIFE) AND 5 (RIGHT TO HUMANE TREATMENT) OF
THE AMERICAN CONVENTION, REGARDING ARTICLE 1(1) THEREOF
61.
As mentioned before (supra para. 57), the Court deems that the acquiescense
of the State to the violation of Articles 4 and 5 of the Convention, in detriment of the
victims identified in paragraph 60(26) of this Judgment, constitutes a positive
contribution to the development of these proceedings and to the enforcement of the
principles underlying the American Convention.
62.
Notwithstanding the foregoing, and due to the disturbing circumstances
surrounding the events subject matter of this case, the Court deems convenient to
analize certain aspects related to the violation of Articles 4 and 5 of the Convention.
In this aspect, the Court will analyze: a) the use of force by the members of the law
enforcement bodies, and b) the imprisonment conditions at Detention Center of
Catia. To such end, the Court considers it is not convenient to summarize the
arguments of the Commission and the representatives since the State fully
acknowledged the violations alleged in said arguments.
A) Use of force by members of the security forces
i)
Right to life, general principles
63.
The right to life is a fundamental right, the full exercise of which is a
prerequisite for the enjoyment of all other human rights.120 If this right is violated,
all other rights become meaningless. Because of its inherent nature, any restrictive
approach to this right is inadmissible.121 In accordance with Article 27(2) of the
Convention, this right is part of the fundamental entitlements that cannot be
repealed insofar as it is regarded as one of the rights that may not be suspended in
time of war, public danger, or other emergency that threatens the independence or
security of the States Parties.122
64.
Based on the fundamental role ascribed to this right by the Convention,
States have the obligation to guarantee the creation of the necessary conditions to
ensure that violations of this inalienable right do not occur as well as the duty to
prevent its officials, or private individuals, from violating it123. The object and
purpose of the Convention, as an instrument for the protection of the human being,
120
Cf. Case of Baldeón García, supra note 3, para. 82; Case of Sawhoyamaxa Indigenous
Community. Judgment of March 29, 2006. Series C Nº 146, para. 150, and Case of Masacre de Pueblo
Bello, supra note 6, para. 120.
121
Cf. Case of Baldeón García, supra note 3, para. 82; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 150, and Case of the “Street Children” (Villagrán Morales et al)
Judgment of November 19, 1999. Series C No. 63, para. 144.
122
Cf. Case of Baldeón García. supra note 3, para. 82; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 150, and Case of Masacre de Pueblo Bello, supra note 6, para. 119.
123
Cf. Case of Baldeón García, supra note 3, para. 83; Case of Sawhoyamaxa Indigenous
Community, supra note 120, para. 151, and Case of the Pueblo Bello Massacre, supra note 6, para. 120.
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