measures ordered to her benefit. The Court notes that the rescission of the provisional
measures does not mean that the State has fully complied with the orders issued by the
Court within the framework of these measures.
33.
Lastly, the Court recalls that Article 1(1) of the Convention embodies the general
duty of States Parties to respect the rights and liberties recognized in Convention and to
ensure to all persons subject to its jurisdiction the free and full exercise of those rights and
freedoms at all times. Moreover, States have a specific duty to protect all people working in
non-governmental organizations and give effective and adequate guarantees to human
rights defenders so that they may carry out their work freely, and to prevent acts that
would prevent or hamper that work, since it constitutes a positive contribution and
supplements the efforts made by the State in its capacity as guarantor of the rights of
individual under its jurisdiction.23 Along with this, respect for human rights in a democratic
State depends, to a large extent, on the respect and liberty ensured to human rights
advocates.24 For their part, provisional measures are exceptional in nature and are
complementary to this general obligation of the States. In this regard, the basis on which
the Court rescinds provisional measures can never imply that the State is relieved of its
obligations to protect under the Convention. Hence, the Court emphasizes that irrespective
of the existence of specific provisional measures, the State is obliged to guarantee Ms.
Maria del Rosario Guerrero Galluci’s rights.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted by Article 63(2) of the American Convention on Human
Rights and Article 27 of its Rules of Procedure,25
DECIDES TO:
Rescind the provisional measures ordered by the Inter-American Court of Human
Rights in its Orders of July 4, 2006 and November 29, 2007, which were adopted to protect
the rights to life and personal integrity of Ms. Maria del Rosario Guerrero Galluci.
1.
23
Cf. Matter of Mery Naranjo et al. Provisional Measures regarding Colombia. Order of the Inter-American
Court of Human Rights of July 5, 2006, Considering 8, and Matter of the Inter-ecclesiastical Truth and Justice
Commission. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of
November 22, 2010, Considering 23.
24
Cf. Case of Lysias Fleury. Provisional Measures regarding Haiti. Order of the Inter-American Court of
Human Rights of June 7, 2003, Considering 5, and Matter of the Inter-ecclesiastical Truth and Justice Commission,
supra footnote 23, Considering 23. In the same sense, see 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.
25
Rules of Procedure passed in the LXXXV Regular Period of Sessions held from November 16 to 28, 2009.
12