140. The State’s obligation to guarantee rights goes beyond the relationship between its
agents and the persons under its jurisdiction; it also encompasses the obligation to
prevent, within the private sphere, third parties from violating protected juridical rights. 236
However, according to the Court’s case law, it is clear that a State cannot be held
responsible for all the human rights violations committed by private individuals within its
jurisdiction. Indeed, the nature of the State’s treaty-based guarantee obligations does not
imply its unlimited responsibility for all acts or deeds by private parties. The State’s duty
to adopt measures of prevention and protection for private individuals in their
relationships with each other is conditioned by its knowledge of a situation of real and
immediate danger to an individual or a specific group of individuals - or that it should have
known of a such a situation 237 - and by the reasonable possibilities of preventing or
avoiding that danger. In other words, even though an act or omission by an individual
may have the legal consequence of violating the specific human rights of another
individual, this cannot be automatically attributed to the State, because the particular
circumstances of the case and the application of these guarantee obligations must be
taken into account. 238 Accordingly, the Court must determine whether it is appropriate to
attribute responsibility to the State in this specific case.
141. This Court has also established that, in addition to the general obligations to
respect and guarantee rights, pursuant to Article 1(1) of the Convention, special
obligations are derived from these, which are determined according to the particular needs
for protection of the subject of law, either owing to his personal situation or to the specific
situation in which he finds himself. 239 In this regard, the Court recalls that in certain
situations, the States have the obligation to adopt all necessary and reasonable measures
to guarantee the right to life, personal liberty and personal integrity of individuals who find
themselves in situations of special vulnerability, particularly as a consequence of their
work, whenever the State is aware of a situation of real and immediate danger, and has
reasonable possibilities of preventing or avoiding that danger. 240
142. The Court reiterates that the defense of human rights can be exercised freely only
when the persons engaged in it are not victims of any threats or any type of physical,
psychological or moral aggression, or other forms of harassment. 241 Therefore, it is the
State’s obligation not only to create the legal and formal conditions, but also to ensure the
real conditions in which human rights defenders can freely carry out their work. 242
Furthermore, the States should provide the necessary means for persons who are
defenders of human rights or who perform a public function, so that when they encounter
threats or situations of risk or report human rights violations, they can freely carry out
their activities; protect them when they receive threats so as to prevent attacks on their
lives and integrity; create conditions to eradicate violations by State agents or private
individuals; refrain from hindering their work, and thoroughly and effectively investigating
violations committed against them, combating impunity. 243 Finally, the State’s obligation
236
Cf. Case of the Mapiripán Massacre v. Colombia, supra, para. 111, and Case of Luna López v. Honduras,
supra, para. 120.
237
Cf. Case of the Pueblo Bello Massacre v. Colombia, Merits, Reparations and Costs. Judgment of January 31,
2006. Series C No. 140, para.123, and Case of Luna López v. Honduras, supra, para. 123. In this regard, the
European Court of Human Rights has established that: “[…] not every claimed risk can entail for the authorities a
Convention requirement to take operational measures to prevent that risk from materializing. For a positive
obligation to arise, it must be established that the authorities knew, or should have known at the time, of the
existence of a real and immediate risk to the life of an identified individual […] from the criminal acts of a third party
and that they failed to take measures within the scope of their powers which, judged reasonably, might have been
expected to avoid that risk […]”Cf. ECHR, Case Kiliç v. Turkey, No. 22492/93, Judgment of March 28, 2000, paras.
62 and 63, and ECHR, Osman v. United Kingdom, No. 23452/94, Judgment of October 28, 1998, paras. 115 and
116.
238
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 123, and Case Suárez Peralta v. Ecuador.
Preliminary Objections, Merits, Reparations and Costs. Judgment of May 21, 2013. Series C No. 261, para. 129.
239
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 111, and Case of Castillo González v.
Venezuela, supra, para. 123.
240
Cf. Case of Luna López v. Honduras, supra, para. 123.
241
Cf. IACHR, Report on the Situation of Human Rights Defenders in the Americas, supra, para. 46.
242
Cf. Case of García and Relatives v. Guatemala, supra, para. 182.
243
Cf. Case of Nogueira de Carvalho et al. v. Brazil. Preliminary Objections and Merits. Judgment of November
28, 2006. Series C No. 161, para. 77, and Case of Luna López v. Honduras, supra, para. 123. See also, United
Nations Working Group on Arbitrary Detention, Opinion No. 39/2012 (Belarus), UN Doc. A/HRC/WGAD/2012/39,
November 23, 2012, para. 45, Available at:
44
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