general decision requiring the State to adopt all special and necessary measures, additional
to any it had adopted, to protect and guarantee the life and person integrity of all the
beneficiaries (supra considering paragraph 5). During the hearing, the State confirmed that
Roni Barrios Alzul formed part of Orismar Carolina Alzul’s family group regarding whom the
termination of the measures of protection had been decided at the domestic level. However,
even though, in the Order of February 2013, the State was specifically asked to provide
information on the re-establishment of the said measures of protection, the Court has not
received any information in this regard.16 Consequently, the Court has no information that
would allow it to determine whether, at the time of Roni Barrios Alzul’s murder, the State
had adopted all the necessary measures to provide effective protection to the life and
integrity of this beneficiary.
14.
The Court recalls that, in the Judgment handed down in this case, it concluded that
the State had “failed to comply with the obligation of protection and prevention with regard
to five beneficiaries of measures of protection ordered by the organs of the inter-American
system” who had been murdered or who had suffered attempts on their life, despite the fact
that preventive or provisional measures were in force.17 Furthermore, the Court determined
that “the State was fully aware of the danger faced by the said members of the Barrios
family, due both to the effect of the denunciations and measures of protection requested
and ordered at the domestic level, and in view of the preventive and provisional measures
ordered by the organs of the inter-American system.”18
15.
The Court underlines that the death of Roni Barrios Alzul occurred despite this ruling
by the Court in its Judgment on merits, as well as the Court’s reiterated orders that the
State protect the life and integrity of the beneficiaries, especially and specifically by the
Orders on provisional measures issued in this case (supra first having seen paragraph). The
murder of another beneficiary of these provisional measures is an extremely serious fact
that, added to the absence of information on the adoption of measures of protection,
denotes the failure to implement the provisional measures effectively. The Court reiterates
that, although Article 1(1) of the Convention establishes the general obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure their free and
full exercise to all those subject to their jurisdiction, when any individual under their
jurisdiction is a beneficiary of provisional measures, this general obligation is enhanced in
their regard and, thus, special care must be given to providing this protection.19 Noncompliance with the measures may give rise to the international responsibility of the
State.20
Provisional measures with regard to Venezuela. Order of the Court of February 13, 2013, considering thirteenth to
seventeenth paragraphs.
16
Cf. Case of the Barrios Family. Provisional measures with regard to Venezuela. Order of the Court of
February 13, 2013, seventeenth considering paragraph.
17
In particular, Luis Alberto Barrios, Oscar José Barrios, Wilmer José Flores Barrios, Néstor Caudi Barrios and
Juan José Barrios. Cf. Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of November
24, 2011. Series C No. 237, paras. 124 and 313.
18
Case of the Barrios Family v. Venezuela. Merits, reparations and costs. Judgment of November 24, 2011.
Series C No. 237, para. 124.
19
Cf. Case of Velásquez Rodríguez. Provisional measures with regard to Honduras. Order of the Court of
January 15, 1988, third considering paragraph , and Case of the Barrios Family. Provisional measures with regard to
Venezuela. Order of the Court of February 13, 2013, forty-fifth considering paragraph.
20
Cf. Case of Hillaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, reparations and costs.
Judgment of June 21, 2002. Series C No. 94, paras. 196 to 200, and Case of the Barrios Family. Provisional measures
with regard to Venezuela. Order of the Court of February 13, 2013, forty-fifth considering paragraph.
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