free and full exercise of the rights recognized by the Convention to all persons
subject to their jurisdiction (Art. 1(1)). 214
142.
The Court has also pointed out that States have the responsibility to
embody in their legislation and ensure full application of effective remedies and
guarantees of due process of law before the competent authorities, which protect
all persons subject to their jurisdiction from acts that violate their fundamental
rights or which lead to the determination of the latter’s rights and obligations. 215
The Court has likewise established that for a State to comply with the provisions of
Article 25 of the Convention, it is not sufficient for such remedies to exist formally,
but that these must be effective, 216 that is to say, there must provide results or
answers to the violations of rights enshrined in the Convention, in the Constitution
or in the law. 217 The Court has reiterated that this obligation implies that the
remedy must be appropriate to combat the violation and that it must be applied
effectively by the competent authorities. 218
143.
In this respect, the Court emphasizes that reference has been made to
several general irregularities that would affect the aforementioned judicial
guarantees. 219 The representatives alleged that these irregularities relate to the
evidence produced regarding the possession and use of firearms and drugs (inter
alia, some expert opinions and a sodium rhodizonate test), and other items of
evidence furnished in the initial statements by the victims. The Court deems it
appropriate to review the final conclusions of the judicial bodies regarding these
issues.
144.
As regards the controversies over the weapons, the Court notes that the
judgment issued by the Second Collegiate Court rejected each of the arguments
put forward by the defense counsel of the victims indicating, inter alia, that:
214
Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary Objections, supra note 213, para.
91; Case of the “Las Dos Erres" Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 24, 2009. Series C N° 211, para. 104; Case of Chitay Nech et al. v.
Guatemala. Preliminary Objections, Merits, Reparations and Costs. Judgment of May 25, 2010. Series C
No. 212, para. 190.
215
Cf. Case of the “Street Children” (Villagrán Morales et al) v. Guatemala; supra note 29, para.
237; Case of Fernández Ortega et al. v. Mexico, supra note 39, para. 182; and Case of Rosendo Cantú
et al. v. Mexico, supra note 30, para. 166.
216
Cf. Judicial Guarantees in States of Emergency (Art. 27.2, 25 and 8 American Convention on
Human Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24; Case of
Fernández Ortega et al. v. Mexico, supra note 39, para. 182; and Case of Rosendo Cantú et al. v.
Mexico, supra note 30, para. 166.
217
Cf. Advisory Opinion OC-9/87, supra note 216, para. 23; Case of Fernández Ortega et al. v.
Mexico, supra note 39, para. 182; and Case of Rosendo Cantú et al. v. Mexico, supra note 30, para.
166.
218
Cf. Case of Maritza Urrutia v. Guatemala. Merits, Reparations and Costs. Judgment of
November 27, 2003. Series C N° 103, para. 117; Case of Fernández Ortega et al. v. Mexico, supra note
39, para. 182; and Case of Rosendo Cantú et al. v. Mexico, supra note 30, para. 166.
219
In their statements before the Court, Messrs. Cabrera and Montiel emphasized that they were
not committing any crime at the time of the arrest. In particular, Mr. Montiel stated that he and his wife
arrived at the home of Mr. Cabrera García because they were inviting the public to a demonstration and,
at the same time, selling clothing. “On May 2, 1999, I was […] outside the house, talking to an old man
who [...] was 82 years, [his] wife [...] was also chatting amicably at that moment [...]. [He] did not see
that people were armed and he only [saw] the soldiers coming [there] firing their weapons [...] he [did]
not realize that they were soldiers, because soldiers usually arrive or used to arrive at a community and
identify themselves; they did not identify themselves with words, but with shots, they ran and suddenly,
a bullet hit [...] Salomé Sanchez Ortiz […]. [He] wanted to be clear [that] they never had weapons,
because […] they are [not] fighting against life; to carry a weapon would imply an intention to attack
someone [...].” Cf. Statement rendered by Mr. Rodolfo Montiel Flores at the public hearing, supra note
177. Moreover, Mr. Cabrera García stated in his affidavit that "the soldiers arrived firing their weapons,
then everyone ran.” Cf. Affidavit rendered by Mr. Teodoro Cabrera García, supra note 147, page 1192.
56
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents