50.
Despite this ruling by the Court, these surveillance patrols continue to be the mechanism by
which the State implements the provisional measures ordered by this Court, without providing
information on the adoption of other means of protection. The Court takes cognizance of and
appreciates the information provided by the State, regarding the fact that it is carrying out the
pertinent procedures to assign the Barrios family two apartments to serve as shelters, through the
Great Housing Mission. Furthermore, it notes that, according to more recent information
submitted by the representatives, in November 2012 two apartments were provided to two of the
beneficiaries of these measures, through another state institution. However, the Court does not
have sufficient information to know whether the handover of those apartments forms part of the
implementation of these measures or if, as the representatives suggest, other apartments could
be assigned to the rest of the beneficiaries who are members of the Barrios family. In this regard,
the Court requests that the State refer to this information, within the term established in the
operative part of this Order, as well as to the proposal of the representatives in this regard (supra
Considering para. 36). In any case, the Court considers it imperative to continue implementing
other measures of protection, different from the surveillance patrols at the homes of some
beneficiaries, so as to effectively protect the life and personal integrity of members of the Barrios
family.
51.
The Court insists that in order to ensure the effective application of the rights enshrined in
the American Convention, States Parties have the obligation, erga omnes, to protect all persons
under their jurisdiction, even in relation to the actions of third parties or irregular armed groups of
any nature. 31 Taking into account the deaths of two more beneficiaries, as well as the rest of the
foregoing considerations, the Court considers that the State has not effectively applied the
provisional measures ordered by this Court in its previous Orders (supra Having Seen 1).
52.
Given the grave situation facing the beneficiaries, as demonstrated by the latest events, the
Court reiterates that the State must adopt immediately and effectively the necessary and special
measures to protect and guarantee the life and personal integrity of all the beneficiaries of the
measures, in accordance with the Orders issued by the Court on November 25, 2010 and February
21, and July 5, 2011, so as to eradicate the sources of risk, prevent facts such as those described
from being repeated and allow the beneficiaries to lead their lives normally and without fear.
53.
The Court considers it necessary that the State adopt all the measures necessary to ensure
the effective implementation of the protection measures. To this end, the Court deems it essential
that Venezuela, after hearing the opinion of the beneficiaries, include in their protection scheme
any measures necessary to provide them with effective protection during their movements and
travel, within or outside the area where they live. In this regard, the Court urges the beneficiaries
and their representatives to offer the State the necessary collaboration for this purpose. The State
shall guarantee the security and confidentiality of the information provided by the beneficiaries.
Also, the Court once again asks the State to provide immediate and effective security for each of
the beneficiaries of the measures, by means of permanent guard measures, as well as to the
homes of Maritza Barrios and Orismar Carolina Alzul García, and to agree on more comprehensive
provisional measures in the context of the dialogue between beneficiaries and State. In the event
that this is not possible, the State is requested to submit to the Court the relevant explanations,
as well as an alternative measure of protection to improve the effectiveness of these measures.
The Court requests that the State submit, within the term established in the operative part of this
Order, detailed and complete information on any measures that it has adopted and will adopt to
make these measures more effective in favor of all the beneficiaries, including those who do not
live in the state of Aragua, bearing in mind the foregoing considerations.
31
Cf. Matter of the Peace Community of San Jose de Apartadó. Provisional Measures regarding Colombia. Order of
the Court of June 18, 2002, Considering para. 11, and Matter the Andean Region. Provisional Measures regarding
Venezuela. Order of the Court of September 6, 2012, Considering para. 13.
16