threats received by Mr. Luna López, the State should have maximized its efforts and used
all its available and relevant resources to save his life, inter alia, through the provision of
security measures and personal protection to enable him to continue with his work, as well
as taking the necessary steps to investigate immediately and effectively all other threats
received.238 The foregoing demonstrates that the Public Prosecutor’s Office was aware of a
situation of real and imminent danger against the life of Mr. Luna López, and that it did not
adopt the necessary measures within the scope of its authority to prevent or avoid this
danger. The subsequent actions demonstrate the State’s failings in terms of providing
protection for his life.
B.1.3. Conclusion
138. Therefore, the Court considers that in this case, it can confirm the existence of a
situation of special risk for defenders of the environment at the time of the events.
Furthermore, in relation to Mr. Luna López, the State was aware of the real and imminent
danger to his life because of the death threat he reported to the Public Prosecutor’s Office,
related to his work in defense of the environment as a City Councilman and as Head of the
Catacamas Municipality Environmental Unit. In response to the foregoing, the State failed to
adopt effective measures of protection to guarantee his right to life; shortly thereafter,
these threats resulted in his death (supra paras. 125 to 137). Finally, the State failed to
conduct a serious and exhaustive investigation into the reported death threat that preceded
his death.
139. Based on the foregoing, the State did not act with the due diligence required to
counter the threat against Carlos Luna López, thereby failing to fulfill its obligation to
guarantee the right to life, enshrined in Article 4(1) of the American Convention, in relation
to Article 1(1) thereof, to the detriment of Carlos Luna López.
***
140. Finally, the Court notes that the representatives alleged the violation of the right to
personal integrity (humane treatment) (Article 5 of the Convention) of Mr. Luna López for
the death threats received prior to his death.
In this regard, the Court deems it
unnecessary to rule on other allegations related to the same facts in this case, which have
already been analyzed in light of other treaty-based obligations.239
B. 2.
Right of Carlos Luna López to participate in government
141. As it has done in other cases, the Court points out that a violation of the right to life
attributable to the State can, in turn, result in violations of other rights enshrined in the
American Convention.240 In this case, the violation of the right to life of Carlos Luna López
European Court of Human Rights has ruled on the State’s positive obligation to protect persons in a vulnerable
situation due to their work. Cf. Case of Kilic, supra, paras. 62 and 63, and Case of Osman, supra, paras. 115 and
116.
238
Cf. Regarding protection measures, UN General Assembly, Report by the Special Rapporteur on the
Situation of Human Rights Defenders, Margaret Sekaggya. UN Doc. A/HRC/13/22/Add.3, March 1, 2012, paras. 102,
111, 114 and 115 and expert testimony of Mr. Luis Enrique Eguren Fernández, supra (Merits file, pages 628 to
670).
239
Cf. Case of Fernández Ortega et al. v. Mexico. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 30, 2010. Series C, No. 215, paras. 132, 150 and 202 and Case of the Massacres of El Mozote
and Surrounding Areas v. El Salvador. Merits, Reparations and Costs. Judgment of October 25, 2012. Series C, No.
252, para. 196.
240
Cf. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations
and Costs. Judgment of July 10, 2007. Series C, No. 167, para. 147 and Case of Manuel Cepeda Vargas v.
43
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