16
22.
Regarding the facts alleged by the Commission concerning the State’s failure to
advance in its investigations into the alleged death threats, the Court emphasizes that,
pursuant to its jurisprudence, entering into an analysis of the effectiveness of the
State’s compliance with its obligation to investigate properly corresponds to an
examination of the case on the merits.16 The Court therefore rejects this claim.
23.
In light of the foregoing, the Court finds that from the information presented by
the Commission it can conclude that the requirements of Article 63(2) of the Convention
and Rule 27 of the Rules of Procedure have not been met. Thus, the present request for
provisional measures brought by the Inter-American Commission must be denied.
24.
Notwithstanding this determination, the Court reminds the parties that States are
under a constant and permanent duty to fulfill the general obligations that correspond to
them under Article 1(1) of the Convention, respecting the rights and freedoms
recognized therein and guaranteeing their free and full exercise to all persons under
their jurisdiction.17 In this regard, States have the particular obligation to protect those
persons who work in non-governmental organizations, to provide effective and adequate
guarantees to human rights defenders so that they may freely carry out their activities,
and to avoid actions that limit or impede such work. Human rights advocacy constitutes
a positive and complementary contribution to the State’s own efforts as guarantor of the
rights of all persons under its jurisdiction.18 Accordingly, the prevalence of human rights
in a democratic state depends largely on the respect and freedom afforded to these
defenders in their work.19
25.
The Court also reiterates its comments in other cases in the sense that when
public authorities rule on matters of public concern, they become subject “to certain
limitations in that they must state in a reasonable, though not necessarily exhaustive
way, the facts on which they based their opinions and they should do so with an even
greater diligence than that owed by individuals due to the prestige of their office, their
reach, and the possible effects that expressing their opinions can have on certain
segments of the population.” In this regard the Court also noted that public officials
al. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of January
26, 2009, Considering clause fifteen; and, Matter of Liliana Ortega et al. Provisional Measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of July, 9, 2010, Considering clause thirty-five.
16
Cf. Case of La Pica, supra note 15, Considering clause twenty-three; Matter of Ramírez Hinostroza et
al. Provisional Measures regarding Peru. Order of the Inter-American Court of Human Rights of February 3,
2010, Considering clause twenty-seven; and, Matter of Wong Ho Wing, supra note 12, Considering clause
nine.
17
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Court of
January 15, 1988, Considering clause three; Case of Belfort Istúriz et al., supra note 6, Considering clause
twenty-one; and, Matter of Four Ngöbe Indigenous Communities and its Members, supra note 14, Considering
clause eighteen.
18
Cf. Case of La Pica, supra note 15, Considering clause fourteen; Case of the Caracazo, supra note 6,
Considering clause seven; and, Matter of Gladys Lanza Ochoa, supra note 8, Considering clause seventeen.
19
Cf. Case of Lysias Fleury. Provisional Measures regarding Haiti. Order of the Inter-American Court of
Human Rights of June 7, 2003, Considering clause five. See also Resolution 2412 (XXXVIII-O/08) of the
General Assembly of the Organization of American States; and Resolution 1842 (XXXII-O/02) of the General
Assembly of the Organization of American States.