that have allowed these violations to be perpetrated or that the State has an obligation that
it has not complied with.214
120. The State’s obligation to guarantee rights goes beyond the relationship between its
agents and the persons under its jurisdiction; it also encompasses the obligation to prevent,
within the private sphere, third parties from violating protected juridical rights. 215 However,
according to the Court’s jurisprudence it is clear that “a State cannot be held responsible for
all the human rights violations committed between individuals within its jurisdiction.
Indeed, the nature of the treaty-based guarantee obligations of the States does not imply
their unlimited responsibility for all acts or deeds between individuals, because its
obligations to adopt prevention and protection measures for individuals in their relationships
with each other are conditioned by the awareness of a situation of real and imminent
danger for a specific individual or a group of individuals and by the reasonable possibilities
of preventing or avoiding that danger. In other words, even though an act, omission or
deed by an individual has the legal consequence of violating the specific human rights of
another individual, this is not automatically attributable to the State, because the specific
circumstances of the case and the execution of these guarantee obligations must be
considered.”216 Accordingly, the Court must determine whether it is appropriate to attribute
responsibility to the State in this case.
B.1.2. Obligation of prevention in situations of real and immediate
risk
121. From the evidence provided in this case, it is clear that at the time of events a
situation of conflict and risk existed in Honduras against people working to protect the
environment, a situation that deteriorated in the years following the death of Mr. Luna
López (supra paras. 17 to 23). Moreover, the Court recalls the State’s affirmations to the
United Nations, in which it stated that “Carlos Luna [was] another martyr who lost his life
defending the forest resources of Olancho” (supra para. 17).
122. The Court notes that, as a public servant, Carlos Luna López actively participated in
the protection of the environment between January 25 and May 18, 1998, the date of his
death. The Court also takes note of Carlos Luna López’s work during his life as a defender of
human rights in Honduras. In this sense, the Court considers that the definition of a human
rights defender lies in the work carried out, regardless of whether the individual acts as a
private individual or as a public servant.217 For the purposes of analyzing this case, the
214
Cf. Case of Velásquez Rodríguez. Merits, supra, paras. 73, 134 and 172 and Case of the Santo Domingo
Massacre, supra, para. 162.
215
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment of September
15, 2005. Series C, No. 134, para. 111 and Case of Suárez Peralta, supra, para. 129.
216
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, Reparations and Costs. Judgment of January
31, 2006. Series C, No. 140, para. 123 and Case of Suárez Peralta, supra, para. 129.
217
Cf. Office of the United Nations High Commissioner for Refugees (UNHCR), Information Bulletin No. 29, The
Defenders of Human Rights: Protection of the Right to Defend Rights, Geneva 2004, page 7, available at:
http://www.ohchr.org/Documents/Publications/FactSheet29sp.pdf, and Inter-American Commission on Human
Rights, Second Report on the Situation of Human Rights Defenders in the Americas, OAS/Ser.L./V/II/Doc.66,
December 31, 2011, page 4. Cf. UN, Declaration on the Right and Responsibility of Individuals, Groups and Organs
of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, Resolution
approved by the UN General Assembly on December 9, 1998, UN Doc. A/RES/53/144, March 8, 1999, Article 8(1):
“everyone has the right, individually and in association with others, to have effective access, on a nondiscriminatory basis, to participation in the government of his or her country and in the conduct of public affairs;
Article 8(2): This includes, inter alia, the right, individually and in association with others, to submit to
governmental bodies and agencies and organizations with public affairs criticism and proposals for improving their
functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection
and realization of human rights and fundamental freedoms.”
37
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