prevent human rights violations. To that end, it is necessary to establish that, at the time of
the events, the authorities knew or should have known that a real and imminent danger
existed to the life of a certain individual or group of individuals, and that it did not adopt the
necessary measures within the scope of its authority which could be reasonably expected to
prevent or avoid that risk.80
129.
In this regard, the Court has indicated that, according to its case law,
it is clear that a State cannot be responsible for all the human rights violations committed
between individuals within its jurisdiction. Indeed, the nature erga omnes of the treaty-based
guarantee obligations of the States does not imply their unlimited responsibility for all acts or
deeds by individuals, because its obligations to adopt prevention and protection measures for
individuals in their relationships with each other are conditioned by the awareness of a situation
of real and imminent danger for a specific individual or group of individuals and to the reasonable
possibilities of preventing or avoiding that danger. In other words, even though an act, omission
or deed of an individual has the legal consequence of violating the specific human rights of
another individual, this is not automatically attributable to the State, because the specific
circumstances of the case and the execution of these guarantee obligations must considered.81
130. However, as has been established, Joe Luis Castillo was a human rights defender
whose work involved providing legal assistance to indigenous peoples, refugees and
campesinos (supra para. 38), in the context of a complex situation of insecurity that existed
in the border area, and particularly in Zulia (supra paras. 35 to 37). This situation was
known to the State which, as was indicated, increased police and military surveillance in the
area, establishing a Strategic Command, consisting of five Theaters of Operations82 (supra
para. 36).
131. Within that context, however, there are also some undisputed facts: on the one
hand, that prior to the attack, Joe Luis Castillo was not subjected to threats or acts of
intimidation and, on the other, that there was no public complaint or any report made to the
State authorities regarding a risk to him or to his family, or regarding the need to provide
measures of protection. Therefore, the Court concludes that, at the time of the attack, there
were not sufficient elements to establish that Mr. Castillo was in a situation of particular
risk, which would lead the State to adopt special measures of protection and prevention in
his favor.
80
Cf. Case of the Massacre of Pueblo Bello v. Colombia, supra, paras. 123 and 124, and also see the
following decisions of the European Court of Human Rights: ECHR, Case of Kiliç v. Turkey, No. 22492/93. First
Section. Judgment of March 28, 2000, para. 63, ECHR, Case of Öneryildiz v. Turkey. No. 48939/99. Grand
Chamber. Judgment of November 30, 2004, para. 93, and ECHR, Case of Osman v. United Kingdom. No.
23452/94. Grand Chamber. Judgment of October 28, 1998, para. 116.
81
Cf. Case of the Massacre of Pueblo Bello v. Colombia, supra, para. 123, and Case of González et al.
(“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs Judgment of November 16, 2009.
Series C No. 205, para. 280.
82
Cf. Official letter AGEV/000574, supra. According to the State, the purpose of the Strategic Command was
to provide security to the population. With regard to the State’s assertions, the Commission and the
representatives agreed that Venezuela established the Strategic Command with five Theaters of Operations.
However, the representatives stated that the Theaters of Operations TO1 and TO2, established between 1994 and
1999, “[years in which] constitutional guarantees were suspended in Venezuela’s border area,” had continued
operating during the period after 1999, when the suspension of guarantees ended, and added that their activity
has been characterized by their typical role related to the use of military force for border security (Merits file, brief
of pleadings and motions, pages 120 and 121). During the public hearing, they stated that the militarization
“shows the State’s lack of understanding of alternative or complementary, necessary and appropriate measures,
which are essential to ensure the effective protection of human rights defenders in a risk area.”
33