political, historical, cultural factors or circumstances, or those of any other nature, which
affect the beneficiary or place him or her in a situation of vulnerability at a particular time
and expose him or her to violations of his or her rights. This situation may increase or
decrease over time depending on innumerable variables. 6 Moreover, the Court has held that
a set of factors or circumstances may exist that reveal serious aggression against a
particular group of people, which places them in a situation of extreme gravity and urgency
and of suffering irreparable damage. In this extreme situation, for example, a series of
serious attacks against the group to which the beneficiary belongs that would allow one to
reasonably infer that the latter will also be attacked, may justify the granting of provisional
measures, even without a direct recent threat to that beneficiary. 7
14.
The Court appreciates the efforts of the State aimed at the implementation of the
measures of integral protection in favor of Luz Estela Castro Rodríguez to guarantee her life
and personal integrity, accepting responsibility for its role in the matter demonstrated by
the work meetings with the beneficiary and her representatives and the various agreements
reached to provide effective protection to the beneficiary, in compliance with the decisions
of this Court.
15.
Nevertheless, based on the information provided by the representatives, the Court
finds that the situation of risk facing Luz Estela Castro Rodríguez has not yet vanished, nor
have certain of the measures ordered been complied with, as they present problems of
effectiveness, in particular, regarding those related to the personal protection of the
beneficiary.
16.
In this sense, being that the situation of risk to the beneficiary persists, it is
necessary to maintain the present measures. Therefore, in agreement with the beneficiary
or her representatives, the State shall conduct an assessment regarding her current
situation of risk and implement the effective and necessary measures to counteract such
risk and protect her life and personal integrity. The State shall also inform the Court in this
regard.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority granted by Article 63(2) of the American Convention on Human
Rights and Articles 27 and 31 of the Court’s Rules of Procedure,
DECIDES TO:
1.
Require the State to maintain the measures adopted, as well as implement,
immediately, the necessary and effective measures to protect the rights to life and personal
integrity of Luz Estela Castro Rodríguez.
6
Cf. Matter of Carpio Nicolle, supra, Considering clause 26, and Matter of Castro Rodríguez regarding
México. Order of the Inter-American Court of Human Rights of February 13, 2013, considering clause 10.
7
Cf. Matter of Carpio Nicolle, supra, Considering clause 27, and Matter of Castro Rodríguez, supra,
considering clause 11.
6