78
227.
In the Miguel Castro Castro Prison case, the Inter‐American Court found
the Peruvian State internationally liable for Transfer Operation 1 (“Operativo Mudanza 1”),
which began in that prison on May 6, 1992 and lasted several days. At the start of the
operation, members of the security forces penetrated Block 1A, demolishing part of a wall
with explosives. Simultaneously, police officers opened holes in the roof and fired shots
from there. During the first day of the operation and the following three days, military
weaponry was used, such as grenades, rockets, bombs, artillery helicopters, mortars, and
tanks, as well as shells containing tear, emetic, and paralyzing gases. Taking part in these
actions were members of the police, the army, and other special forces, who even took up
sharpshooter positions on the roof of the prison and fired at prisoners from there. On the
last day of the “operation,” State agents fired on the inmates coming out of Block 4B, after
having asked not to be shot at and some inmates under the control of the authorities were
taken aside and executed. After the actions had concluded, the authorities took hours and
even days to provide medical care to survivors, as a result some of them died and others
suffered permanent physical injuries. Even some of the wounded who were later taken to
264
hospitals did not receive the medical care they needed.
228.
In this case, the Inter‐American Court concluded that there was no riot or
other situation warranting legitimate use of force by State agents. On the contrary, it was a
direct and deliberate attack on the lives and personal integrity of the male and female
prisoners held in Blocks 1A and 4B, in the course of which 41 prisoners died and 190 were
wounded. 265
229.
Essentially, the Court reiterated the standards set in Principles 4 and 9 of
the United Nations Basic Principles of the Use of Force and Firearms by Law Enforcement
Officials, according to which “the State police forces may only recur to the use of lethal
weapons when it is ‘strictly inevitable to protect a life’ and when less extreme measures
turn out to be ineffective.” 266 Furthermore, it emphasized the State’s duty to ensure that
all the deceased inmates were properly identified and their remains delivered to family
members. The unwarranted delay in handing over the already decomposing bodies caused
additional suffering to family members of the victims that could have been avoided. 267
230.
Likewise, in the Montero Aranguren et al (Detention Center of Catia) v.
Venezuela case, the complaint alleged that between November 27 and 29, 1992 there was
a massive intervention by members of the National Guard and Metropolitan Police in the
Flores de Catia Judicial Detention and Confinement Center, in which these security forces
fired indiscriminately on the inmates, using firearms and tear gas, killing approximately 63
264
I/A Court H.R., Case of Miguel Castro‐Castro Prison V. Peru. Merits, Reparations and Costs. Judgment
of November 25, 2006. Series C No. 160, paras. 211, 216, 222‐223.
265
I/A Court H.R., Case of Miguel Castro‐Castro Prison V. Peru. Merits, Reparations and Costs. Judgment
of November 25, 2006. Series C No. 160, paras. 215 y 217.
266
I/A Court H.R., Case of Miguel Castro‐Castro Prison V. Peru. Merits, Reparations and Costs. Judgment
of November 25, 2006. Series C No. 160, para. 239.
267
I/A Court H.R., Case of Miguel Castro‐Castro Prison V. Peru. Merits, Reparations and Costs. Judgment
of November 25, 2006. Series C No. 160, paras. 251 y 339.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents