25. While the Court stresses the importance of the beneficiaries’ collaboration in implementing the measures of protection (infra Considering para. 56), it considers that the alleged lack of notification of the change of residence of Nestor Caudi Barrios is not sufficient reason to lift the provisional measures ordered in his favor. 26. Regarding the request to lift the measures in favor of Víctor Daniel Cabrera Barrios, the Court notes that, according to the latest information provided by the representatives, he is not currently in prison (he was granted an alternative precautionary measure in February 2012) (supra Considering para. 19). Nevertheless, the Court advises that imprisonment of a beneficiary or his procedural situation is no reason for lifting the provisional measures granted to a beneficiary in situation of risk. Although the mode of implementation of the provisional measures could be changed, based on his particular situation, this does not justify lifting the provisional measures granted to beneficiaries in a situation of extreme gravity and urgency, and at risk of suffering irreparable damage. 27. The Court considers it timely to recall that the State has the general obligations to respect and guarantee the free and full exercise of these rights to all individuals subject to its jurisdiction. Such obligations apply not only with regard to the power of the State but also with regard to the actions of private third parties. Special duties are derived from these general obligations, to be determined according to the particular needs for protection of the bearer of the right, whether due to the bearer’s personal condition or to the specific situation facing the individual 15, as is the case of detention. This Court has considered that the State is in a special position of guarantor with respect to persons deprived of their liberty because the prison authorities exercise total control over them. In that situation the State’s general obligations to respect and guarantee rights take on a particular emphasis which requires the State to provide to inmates, in order to protect and guarantee their rights to life and personal integrity, the basic conditions compatible with their dignity while they remain in detention centers. 16 28. Upon requesting the lifting of the provisional measures ordered in favor of Víctor Daniel Cabrera Barrios, the State did not provide any evidence to show that the beneficiary is not in a situation of grave risk. On the contrary, from the information provided it is clear that Víctor Daniel Cabrera Barrios was with Jorge Antonio Barrios when the latter was killed and had also witnessed the murder of Víctor Tomás Navarro Barrios (infra Considering para. 31 and 32). In addition, the Court emphasizes that although the State was asked to conduct risk assessments for all the beneficiaries, Venezuela has not provided any information in this regard (supra Considering para. 15 and infra Considering para. 54). Therefore the Court considers that the State has not presented valid grounds for lifting the provisional measures ordered in favor of the beneficiaries. 29. The Court emphasizes that any measures of protection ordered at the domestic level may differ in their nature, scope and effects, from the provisional measures ordered within the framework of the American Convention. Thus, although this should be duly assessed, the fact that measures of protection have been ordered at the domestic level does not limit this Court’s authority to order provisional measures pursuant to the American Convention, nor does it 15 Cf. Case of the Massacre of Pueblo Bello v. Colombia. Merits, Reparations and Costs. Judgment of January 31, 2006. Series C No. 140, para. 111, and Matter of Mery Naranjo et al. Provisional Measures regarding Colombia. Order of the Court of November 25, 2010, Considering para. 42. 16 Cf. Case of Neira Alegría et al. v. Peru. Merits. Judgment of January 19, 1995. Series C No. 20, para. 60, and Matter of the Penitentiary Center of the Central Occidental Region: Uribana Prison. Provisional Measures regarding Venezuela. Order of the President of the Court of August 7, 2012, Considering para. 8. 9

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