The Inter-American Court of Human Rights: The Ambassador of Universalism 67 violations, planned by the highest ranks of power, with the aim of obstructing processes of justice and ensuring impunity for the perpetrators. Myrna Mack Chang Case (Guatemala) (2003) may be cited as an example. Here, the Court held that the State had engaged its “ aggravated international responsibility” due to the fact that Mack Chang’s execution had taken place in a context of extrajudicial executions ordered by the State in conformity with a specific method, and that, at the time of the execution, no mechanisms were in place for the investigation of the facts or the pursuit of those responsible for the killing. 33 The Court confirmed this point of view in Caso de los Hermanos Gómez-Paquiyauri v. Peru, where it held that the State’s responsibility was aggravated due to the fact that, at the time of the violation, a systematic practice of human rights violations was in place, which included the extrajudicial execution of those individuals suspected by State agents of belonging to armed groups. These agents acted upon orders from police and military commanders. According to the Court, these violations undermined international jus cogens. To determine the State’s aggravated responsibility, the Court also emphasized that it duly took into account the fact that the victims in this particular case were minors. 34

Further, the Court condemned the State for “ aggravated responsibility” in Molina Theissen v. Guatemala, given that the forced disappearance in this case had taken place in a context of a policy of systematic forced disappearances where many of the victims were children. 35 Finally, in its judgment of 29 April 2004, the Court

OEA/ Ser. L/ V/ III. 65/ doc. 1 (2004) 6 [ Plan de Sánchez Massacre Case] ; Myrna Mack Chang Case (Guatemala) (2003), Inter-Am. Ct. H. R. (Ser. C) No. 101, Annual Report of the Inter-American Court of Human Rights : 2003, OEA/ Ser. L/ V/ III. 61/ doc. 1 (2004) 20 [ Myrna Mack Chang Case] ; 19 Tradesmen Case (Colombia) (2004), Inter-Am. Ct. H. R. (Ser. C) No. 109, Annual Report of the Inter-American Court of Human Rights : 2004, OEA/ Ser. L/ V/ III. 65/ doc. 1 (2004) 6 [ 19 Tradesmen Case] ; Moiwana Community Case, supra note 16 ; Mapiripán Massacre Case (Colombia) (2005), Inter-Am. Ct. H. R. (Ser. C) No. 134, Annual Report of the Inter-American Court of Human Rights : 2005, at 8 online : Inter-Am. Ct. H. R. < http :// www. corteidh. or. cr/ docs/ informes/ Inf% 20anua% 202005% 20diag% 20ingles. indd. pdf> [ Mapiripán Massacre Case].

33Myrna Mack Chang Case, ibid. at para. 139 : “ The Court deems that, pursuant to what was established in the chapter on proven facts, the State is responsible for the extra-legal execution of Myrna Mack Chang committed through actions of its agents, carrying out orders issued by the high command of the Presidential General Staff, which constitutes a violation of the right to life. This circumstance was worsened because at the time of the facts there was in Guatemala a pattern of selective extra-legal executions fostered by the State, which was directed against those individuals who were considered “ internal enemies”. Furthermore, since then and still today, there have not been effective judicial mechanisms to investigate the human rights violations nor to punish those responsible, all of which gives rise to an aggravated international responsibility of the respondent State.”

34Gómez-Paquiyauri Brothers Case (Peru) (2004), Inter-Am. Ct. H. R. (Ser. C) No. 110, at para. 76,

Annual Report of the Inter-American Court of Human Rights : 2004, OEA/ Ser. L/ V/ III. 65/ doc. 1 (2004) 8 [ Gómez-Paquiyauri Brothers Case] : “ The Court also deems that, in accordance with what was set forth in the chapter on proven facts, the responsibility of the State is exacerbated by the existence in Peru, at the time of the facts, of a systematic practice of human rights violations, extra-legal executions, of persons suspected of belonging to armed groups, carried out by agents of the State following orders of military and police commanders. Said violations violate international jus cogens.

Likewise, the fact that the alleged victims in this case were children must be taken into account in establishing aggravated responsibility.” See also A. A. Cançado Trindade, Separate opinion annexed to

Plan de Sánchez Massacre Case, supra note 32.

35Molina-Theissen Case (Guatemala) (2004), Inter-Am. Ct. H. R. (Ser. C) No. 108, at para. 41, Annual Report of the Inter-American Court of Human Rights : 2004, OEA/ Ser. L/ V/ III. 65/ doc. 1 (2004) 7 [ Molina-Theissen Case].