Caire Claim Case 45124i

Jean-Baptiste Caire Claim 5 RIAA 516 (1929) (French - Mexican Claims Commission) (Note: Di ko mahanap yung full text nito sa google so pinag mix ko na yung case brief and annotation ni Bernas, p.230-232, sa book) DOCTRINE: A state may be held internationally responsible for the unauthorised acts of state officials, such as the unlawful killing of a foreign national by an army or police officer, where those officials purported to act in an official capacity and “used the means placed at their disposition by virtue of that capacity” FACTS: On 11 December 1914, M Jean-Baptiste Caire, a French national, who was asked to obtain a large sum of money by a Major in the Mexican Army. He was unable to obtain a large sum of money and was subsequently arrested, tortured and killed by soldiers. successfully pursed a claim against the Mexican government that was heard by the French-Mexican Claims Commission which concluded Mexico liable. ISSUE: Whether Mexico could be responsible for the actions of individual military personnel who were acting without orders and against the wishes of the commanding officer and independently of the needs and aims of the revolution. RATIO: The perpetrators of the murder of MJB Caire were military personnel occupying occupying the ranks of “mayor” and “captain primero” aided by few privates, it is found that the conditions of responsibility formulated above are completely fulfilled. The officers in question whatever their previous record, consistently conducted themselves as officers in the brigade of the Villista General, Tomas Urbina, in this capacity they began by exacting the remittance of certain sums of money; they continued by having the victim taken into the barracks of the occupying troops; and it was clearly because of the refusal of M. Caire to meet their repeated demands that they finally shot him. Under the circumstances, there remains no doubt that even if they are to be regarded as having acted outside their competence, which is by no means certain, and even if their superior officers issued a counter-order, these two officers have involved the responsibility of the State, in view of the fact that they have acted in their capacity of officers and used the means placed at their disposition by virtue of that capacity. RULING: In accordance with the most authoritative doctrine ed by numerous arbitral awards, the events of 11 Dec 1914, which led to the death of MJB Caire, fall within the category of acts for which international responsibility devolves upon the State to which the perpetrators of the injury are amenable.