life was violated.” In relation to the alleged violation of the right to personal integrity of
Mr. A.A.’s family resulting from his murder, and the lack of protection they suffered, the
representatives agreed with the arguments presented by the Commission. Finally, the
representatives argued that “the State of Guatemala’s duty to provide protection was
increased by the [presumed] victims’ status as human rights defenders and the inherent
risk facing this group” in Guatemala at the time of the events.
136. The State held that it was not responsible for violating the right to life of A.A.,
“given that, with regard to its duty of prevention, this is recognized and guaranteed [in its
domestic legal system].” Moreover, it was not aware of any intimidation or threatening act
that might have constituted a situation of danger to his life, or of any request for
measures of protection, other than a complaint supposedly filed one year prior to the
event. In this regard, the State pointed out that during the time between the complaint
filed and Mr. A.A.’s death, there was no evidence of a real and immediate danger. “Then,
upon finding out about […] Mr. [A.A.’s] death, it began a thorough and diligent
investigation […].” The State also argued that “[t]he petitioners and the Commission have
tried to suggest that Mr. [A.A.] lost his life in retaliation […] for his work as a human rights
defender and for his supposed participation in investigating the facts of the internal armed
conflict. However, they do not offer any proof to confirm their hypothesis […].” According
to the State, “in order to situate the facts of this case within the historical context at the
time of the internal armed conflict […the representatives] have used a series of […]
arguments, concerning antecedents […that] form part of a historical context, which is
undeniable; however, […they do not] establish a causal link that is reasonable and
legitimate to suggest the possible connection of those antecedents […] with the facts of
this case.”
137. Regarding the alleged violation of the right to personal integrity of Mr. A.A.’s
relatives, the State held that this right is also recognized and guaranteed in its domestic
legislation. Moreover, although it regretted the suffering caused by Mr. A.A.’s death, this
was not instigated by the State. Furthermore, regarding the argument that A.A.’s relatives
had suffered the violation of their personal integrity due to the supposed threats and
harassment after the murder, the State argued that no evidence was provided to
demonstrate that it had knowledge of this and that it did not investigate. As to B.A.’s
complaint about the incident of the gasoline doused on her car, it pointed out that a visual
inspection was carried out and several individuals were interviewed; however, no
information was obtained that would enable the investigating body to prosecute someone.
This invalidates the assertion that the State did not act in response to that incident. As to
the other incidents mentioned, it held that at no time were the corresponding complaints
filed, and therefore the State limited itself to investigating the death of A.A.
B.2. Considerations of the Court
138. According to Article 1(1) of the American Convention, the States have the
obligation to respect and guarantee the human rights recognized therein. 233 Regarding the
rights to life and personal integrity, these obligations not only imply that the State must
respect them (negative obligation), but they also require the State to adopt all appropriate
measures to guarantee them (positive obligation). 234
139. The obligation to guarantee the rights to life and personal integrity presuppose the
duty of States to prevent the violation of those rights. This obligation of prevention
encompasses all measures of a legal, political, administrative and cultural nature that
promote the protection of human rights and ensure that any potential violation of these
rights is effectively considered and treated as an unlawful act which, as such, may result
in the punishment of the person who commits it, as well as the obligation to compensate
the victims for the harmful consequences. It is also clear that the obligation to prevent is
one of means or conduct, and that failure to comply with it is not proved merely because
the right has been violated. 235
233
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 163, and Case of Gutiérrez and Family v.
Argentina, supra, para. 76.
234
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala, supra, para. 139, and Case of
Castillo González V. Venezuela, supra, para. 122.
235
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 166, and Case of Luna López v.
Honduras, supra, para. 118.
43
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