law provisions to deter the commission of offences against the person, backed
up by law-enforcement machinery for the prevention, suppression and
punishment of breaches of such provisions. It also extends in appropriate
circumstances to a positive obligation on the authorities to take preventive
operational measures to protect an individual or individuals whose life is at risk
from the criminal acts of another individual....
--Kiliç v. Turkey, ECHR, 28 March 2000 (para. 62).
Inter-American System
[W]ithout question, the State has the right and duty to guarantee its security. It
is also indisputable that all societies suffer some deficiencies in their legal
orders. However, regardless of the seriousness of certain actions and the
culpability of the perpetrators of certain crimes, the power of the State is not
unlimited, nor may the State resort to any means to attain its ends. The State
is subject to law and morality. Disrespect for human dignity cannot serve as
the basis for any State action.
--Neira Alegría Case, I/A Court H.R., Judgment of January 19, 1995 (para.
75).
*****
The State’s national and international obligation to confront individuals or
groups who use violent methods to create terror among the populace, and to
investigate, try, and punish those who commit such acts means that it must
punish all the guilty, but only the guilty. The State must function within the
rule of law….
--Case 11.182, Report Nº 49/00, Asencios Lindo et al., Annual Report of the
IACHR 1999 (para. 58).
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