whether military patrols had taken place that day and in that location, or whether it had
vehicles with the characteristics reported. 254
153. Based on the facts described, the Court considers that, as of December 20, 2003,
Mrs. B.A. and members of her family found themselves in a situation of real and imminent
danger to their personal integrity. In particular, the Court notes that on November 26,
2003, she reported having been threatened due to her work and that in 2004 she reported
a new threat (supra para. 150); that in the days following Mr. A.A.’s death she suffered
constant intimidation by groups of unknown individuals who were heavily armed and who
appeared at night (supra paras. 151 and 152); that she was a human rights defender; and
that her work and activities at the time of the events involved the defense of human rights
(supra para. 132). All this occurred in a context of vulnerability for human rights
defenders in Guatemala (supra para. 78). Taking into account the circumstances
surrounding the facts of this case, as well as the specific situation facing Mrs. B.A., the
Court considers that there are reasonable grounds to conclude that the situation of risk in
which she found herself could be specifically linked to the fact that she was a human rights
defender and with her work and activities at the time of the events, which placed her in a
situation of special vulnerability.
154. In this case, there is also evidence that the State had prior knowledge of a specific
risk to the personal integrity of Mrs. B.A. and her family. Indeed, Mrs. B.A. reported the
threats she received in 2003 and 2004 to the Public Prosecution Service, the competent
authority responsible for adopting the appropriate measures in this case. In addition, the
presumed acts of intimidation against her and her family, which occurred during the nine
days after Mr. A.A.’s death, were reported precisely at the beginning of those nine days, to
the Office of the Human Rights Ombudsman, which informed the National Civil Police of
Escuintla, and by the municipal Mayor. Likewise, on repeated occasions during the five
months after Mr. A.A.’s death, B.A. informed the Public Prosecution Service about the
complaint she had filed on November 26, 2003, as well as about the presumed acts of
intimidation that occurred one month prior to his death and during the nine days
afterwards. During those five months she also informed agents of the National Civil Police
of Escuintla and of the Office of the Human Rights Ombudsman about the threat she had
received in 2003 and the complaint filed on November 26, 2003, before the Public
Prosecution Service (supra paras. 150 to 152).
155. On this point, and with regard to the complaints reported to the Office of the
Human Rights Ombudsman and the municipal Mayor, the Court recalls that State
authorities who are aware of a situation of special risk have a responsibility to decide or
determine whether the person being threatened or harassed requires protection
measures, or to refer the matter to the competent authority for that purpose and to offer
the person at risk timely information on the measures available. The assessment of
whether or not a person requires protection measures and what those measures should
be, is the State’s obligation, and should not be limited to requiring the victim to apply to
“the competent authorities”, without knowing exactly which authority is best able to
address his situation, since it is the State’s responsibility to establish measures of
coordination between its institutions and officials for that purpose. 255
156. With respect to the measures adopted by the State, in the first place, the Court
finds that, despite the complaints filed before the Public Prosecution Service and the
information reported to it on several occasions (supra paras. 150 and 152), the latter did
not adopt any measures to protect Mrs. B.A. and her family, and did not inquire about
their situation or the level of risk to which they were exposed. Therefore, the action by the
Public Prosecution Service was neither adequate nor effective in counteracting the risk to
the safety of those individuals. Moreover, the Court deems it necessary to refer to the
response by the Office of the Human Rights Ombudsman, the National Civil Police and the
municipal Mayor, to the risk existing during the nine days following Mr. A.A.’s death, once
they had knowledge of it. The Court notes that, even though the Departmental Assistant
of the Ombudsman’s Office asked different units of the National Civil Police to provide
security measures for Mrs. B.A. and her family on December 22 and 23, 2004 (supra para.
254
Cf. Letter of March 28, 2005, from the Minister of National Defense to the Departmental Assistant of the
Office of the Human Rights Ombudsman of Escuintla (File of attachments to submission brief, page 923).
255
Cf. Case of Vélez Restrepo and Relatives v. Colombia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of September 3, 2012. Series C No. 248, para. 201, and Case of Luna López v. Honduras, supra, para.
127.
48
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