-4have increased in the last months. The foregoing is coupled with the fact that the adoption of the
precautionary measures was requested on July 24, 2009; that, at least, on two occasions, the State would
have made commitments to protect the life and personal integrity of the beneficiary which are not been
implemented; and that, since the coup d'état, Honduras has been in a context of intimidation, threats and
persecution against human rights defenders;
b)
The nature of the legal interests threatened, that is, the right to life and humane treatment of Mrs. Lanza
Ochoa, as well as her capacity to continue working in defense of human rights, constitute an aspect of
irreparability of the consequences that this request for provisional measures seeks to avoid,
c)
The ongoing acts of intimidation, persecution and harassment, as well as the lack of information regarding
the clearing up of the facts that gave rise to the precautionary measures are translated, up to date, into
the fact that Mrs. Lanza Ochoa is in a situation of extreme vulnerability, defenselessness and lack of
protection, while her life and physical integrity are at risk of imminent damage;
d)
e)
f)
The situation of Mrs. Lanza complies with the aspect of extreme gravity given that the petitioners have
"presented a list of threatening and intimidating acts against the beneficiary which have occurred during a
time and got worse in the last two months.” The electronic mail that Mrs. Lanza received on July 17,
2010, shows a threat against her life and physical integrity, not only because of its content but also for
the intimidating message that the attached photographs transmit. Many of the acts of harassment and
threats described by the representatives of the beneficiary would demonstrate that the people behind
those acts know about the place of residence, place of work and all her movements; as well as the
permanent follow-up and monitor of the activities in defense of human rights she organizes. They would
also demonstrate they know about her personal history, considering that Billy Joya was mentioned, of
Battalion 3-16;
The information presented “suggest that the risk of causing damage to the beneficiary could be
imminent." The fact that the State is not guaranteeing adequate protection in favor of the people who are
in a situation of extreme gravity, who are, at the same time, beneficiaries of precautionary measures, plus
the fact that the State has not adopted any measures to investigate into the threats or circumstances,
creates a risk situation for the beneficiary and,
In this specific case, the State of Honduras has been aware of the facts that gave rise to the expansion of
the precautionary measures in favor of Mrs. Lanza since, at least, July 2009. Furthermore, some of the
acts of harassment and threats already described would have been reported before the Office of the Public
Prosecutor; however, it is unknown whether the authorities have taken steps to shed light on the facts
denounced, which could have the effect of fostering the repetition and worsening of the threats instead of
preventing them. The ongoing threats allow assuming that the precautionary measures ordered by the
Commission were not enforced, despite the State informed that it provided protection to the beneficiary. It
seems that the risk factors that gave rise to the precautionary measures were not eliminated either,
presumably making the risk situation of the beneficiary worse.
4.
The request of the Inter-American Commission so that the Court based on Article 63(2)
of the American Convention, orders the State:
a)
To adopt forthwith all the measures that are necessary to guarantee the right to life and humane
treatment of the beneficiary;
b)
To adopt all the measures that are necessary to guarantee that the beneficiary is able to
continue working in defense and promotion of human rights in Honduras;
c)
To agree with the beneficiary and her representatives on the more appropriate mechanisms for
the implementation of the protective measures, in a manner to ensure their effectiveness and
relevance;
d)
To conduct an investigation into the facts that gave rise to the request for provisional measures,
as a preventive mechanism to impede the occurrence of new threats against the life and
integrity of the beneficiary, and
e)
To inform on the measures adopted in light of the above mentioned paragraphs.