96.
Based on the foregoing, the Republic of Colombia respectfully asks the Court to answer
the following question:
Pursuant to Article 1(1) of the Pact of San José, should it be considered that a person,
even if he is not in the territory of a State Party, is subject to the jurisdiction of the
said State in the specific case in which, accumulatively, the following four conditions
are met?
(i) That the person resides or is in an area delimited and protected by a treatybased environmental protection system to which the said State is a party;
(ii) That the said treaty-based system establishes an area of functional jurisdiction,
such as, for example, the one established in the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean Region;
(iii) That in the said area of functional jurisdiction, the States parties have the
obligation to prevent, reduce and control pollution by means of a series of general
and/or specific obligations, and
(iv) That, as a result of damage to the environment or of the risk of environmental
damage in the area protected by the convention in question that can be attributed to
a State party – to that convention and to the Pact of San José – the human rights of
the person in question have been violated or are threatened.
SECTION 2: INTERPRETATION OF ARTICLE 4(1) (RIGHT TO LIFE) AND 5(1)
(RIGHT TO PERSONAL INTEGRITY) OF THE AMERICAN CONVENTION ON
HUMAN RIGHTS
A. The text of Articles 4(1) and 5(1)
97.
According to Article 4(1) of the Convention:
“Article 4. Right to Life
1. Every person has the right to have his life respected.”
98.
Article 5(1) establishes that:
“Article 5. Right to Humane Treatment
1. Every person has the right to have his physical, mental, and moral integrity respected.”
B. The right to life and the relevance of the environment for the inhabitants
of the coasts and islands of the Caribbean
99.
The right to life includes not only the right of every human being not to be deprived
arbitrarily of his life, but also the right to a dignified existence. For example, in the case of the
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