33 73. Article 25(1) of the American Convention says: Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. […] 74. Gilson Nogueira de Carvalho was an attorney and a human rights defender who was subject to death threats and fell victim to homicide in an ambush on October 20, 1996. Taking into account that Gilson Nogueira de Carvalho worked as a human rights defender, the Court finds it relevant to reiterate the duty of the States to create conditions necessary for true enjoyment of the rights embodied in the Convention.51 The Court believes that, in a democratic society, discharge of the States' obligation to create the conditions necessary for the human rights of all persons under their jurisdiction to be effectively respected and guaranteed is intrinsically linked to the protection and recognition of the important role played by human rights defenders, as has been established in the continuous jurisprudence of the Court.52 75. The Organization of American States has recognized, among other things, the need to “support [...] the work carried out, at both the national and the regional level, by human rights defenders; [...] to recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Hemisphere[ and to] condemn actions that directly or indirectly prevent or hamper [their] work [...] in the Americas.”53 The commitment to protect human rights defenders has been emphasized in other international instruments as well.54 51 Cf. Case of Servellón García et al., supra note 11, para. 108; Case of Ximenes Lopes, supra note 11, para. 85; Case of the Pueblo Bello Massacre. Judgment of January 31, 2006. Series C No. 140, para. 113; Case of the "Mapiripán Massacre". Judgment of September 15, 2005. Series C No. 134, para. 111; and Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, para. 140. 52 Cf. Matter of the persons imprisoned in the “Dr. Sebastião Martins Silveira” Penitentiary in Araraquara, São Paulo. Provisional Measures. Order of the Inter-American Court of Human Rights of September 30, 2006, Considering clause 24; Matter of Gloria Giralt de García Prieto et al. Provisional Measures. Order of the InterAmerican Court of Human Rights of September 26, 2006, Considering clause 8; Matter of Mery Naranjo et al. Provisional Measures. Order of the Inter-American Court of Human Rights of September 22, 2006, Considering clause 8; Matter of Mery Naranjo et al. Provisional Measures. Order of the Inter-American Court of Human Rights of July 5, 2006, Considering clause 8; Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No.1 48, para. 400; Case of the Pueblo Bello Massacre, supra note 51, para. 268; and Case of the "Mapiripán Massacre," supra note 51, para. 299. 53 Organization of American States, Human Rights Defenders: Support for the Individuals, Groups, and Civil Society Organizations Working to Promote and Protect Human Rights in the Americas, Resolutions of June 10, 2003; June 4, 2002; June 5, 2000; supra note 14. Cf. also Organization of American States, Inter-American Commission on Human Rights, Report on the situation of human rights defenders in the Americas, March 7, 2006, supra note 14. 54 Likewise, cf. Declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, Resolution of the General Assembly, March 8, 1999, supra note 14, article 12; Human Rights Defenders, Resolution of the Human Rights Commission, April 24, 2003, supra note 14; Human Rights Defenders, Resolution of the Human Rights Commission, April 25, 2002, supra note 14; and United Nations, Basic Principles on the Role of Lawyers, September 7, 1990, supra note 14, articles 16 through 22. Cf. also see Council of the European Union, Draft conclusions of the Council on the EU guidelines on human rights defenders, June 9, 2004, supra note 14.