warrants maintaining provisional measures. Moreover, on certain occasions, the duty
to investigate may be prolonged for a considerable period, during which time the
threat or risk does not necessarily remain extreme and urgent. This Court has also
pointed out that the analysis of the effectiveness of the investigations and procedures
related to the facts that gave rise to the provisional measures corresponds to the
examination of the merits of the case. 20 To summarize, failure to fulfill the duty to
investigate is not per se sufficient reason to maintain provisional measures.
104.
Finally, the Court reiterates that Article 1(1) of the Convention establishes the
general obligations of States Parties to respect the rights and freedoms enshrined
therein and to ensure the free and full exercise of those rights and freedoms to all
persons subject to their jurisdiction, in all circumstances. Provisional measures, for
their part, have an exceptional nature and are complementary to this general
obligation of the States. In this regard, the assumptions for the lifting of provisional
measures by the Court cannot imply that the State is relieved of its treaty obligations
to protect those present in its territory. Therefore, regardless of the existence of
specific provisional measures, the State is obliged to guarantee the rights of individuals
in a situation of risk and must expedite the investigations required to elucidate the
facts reported and, if appropriate, punish those responsible. 21 In conducting such
investigations, the State in question must make every effort to determine all the facts
surrounding the threat and how it was manifested; to determine whether there is a
pattern of threats against the beneficiary or group or entity to which he or she
belongs; to determine the object or purpose of the threat; and to determine those
responsible for the threat, and if applicable, punish them. 22
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
In exercise of the authority conferred upon it by Article 63(2) of the American
Convention on Human Rights and Article 27 of the Court’s Rules of Procedure,
DECIDES:
1.
To extend the provisional measures ordered in this matter, so that the State
may adopt the measures necessary to continue protecting the life and physical integrity
of Mrs. Luz Elsia Almanza Suárez.
2.
To change the name of this matter, which shall now be called the “Matter of
Almanza Suárez regarding Colombia.”
20
Cf. Matter Pilar Noriega Garcia et al. Provisional Measures regarding Mexico. Order of the Court of
February 6, 2008, Considering para. 14, and Matter Giraldo Cardona et al. Provisional Measures regarding
Colombia. Order of the Court of February 8, 2013, Considering para. 37.
21
Cf. Case of Carpio Nicolle et al. . Provisional Measures regarding Guatemala. Order of the Court of
July 6,2009, Considering para. 24, and Matter Giraldo Cardona et al. Provisional Measures regarding
Colombia. Order of the Court of February 8, 2013, Considering para. 49.
22
Cf. Case of Carpio Nicolle et al. Provisional Measures regarding Guatemala. Order of the Court of
July 6, 2009, Considering para. 24, and Case of the 19 Tradesmen v. Colombia. Provisional Measures
regarding Colombia. Order of the Court of June 26, 2012, Considering para. 47.
24