measures being taken to prevent it or to punish those responsible.” 191 In order to comply
with this obligation, it is not sufficient that States merely abstain from violating rights;
rather it is essential that States take all appropriate measures to protect and preserve the
rights of all those under their jurisdiction (positive obligation), in keeping with their
obligation to ensure the free and full exercise of those rights.192
187. In addition, the Court has held that, in certain circumstances, the prompt and
resolute investigation of alleged threats may contribute, in turn, to prevent the violation of
the rights that were being threatened.193
188. The Court has noted that this obligation to investigate remains in effect “whatsoever
the agent to whom the violation may eventually be attributed, even private individuals,
because, if their acts are not investigated seriously, they would, to a certain extent, be
supported by the public authorities, which would involve the international responsibility of
the State.”194 Regarding the State’s obligation to adopt measures of prevention and
protection, the Court has recognized that this does not imply its unlimited responsibility for
any act or deed of private individuals, because its obligation to adopt measures of
prevention and protection for private individuals in their relations with each other is
conditional on its awareness of a situation of real and imminent danger for a specific
individual or group of individuals and the reasonable possibility of preventing or avoiding
that danger.195
189. In addition, the Court has stated that the effective exercise of freedom of expression
entails the existence of social conditions and practices that favor it. It is possible that this
freedom may be illegally restricted by regulatory or administrative acts of the State or due
to de facto conditions that place those who exercise or try to exercise it in a direct or
indirect situation of risk or greater vulnerability due to acts or omissions of State agents or
private individuals. Within the framework of its obligations to guarantee the rights
acknowledged in the Convention, the State must abstain from acting in a way that
encourages, promotes, favors, or intensifies that vulnerability,196 and it must adopt, when
pertinent, the necessary and reasonable measures to prevent or protect the rights of those
who are in that situation, as well as, when appropriate, to investigate acts that harm
them.197
190. Consequently, failure to comply with the obligation to guarantee the rights protected
in Articles 5 and 13 of the Convention by adopting measures of protection and conducting a
191
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 173, and Case of the Barrios Family v.
Venezuela. Merits, reparations and costs, para. 47.
192
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, paras. 166 and 167, and Case of the Barrios Family
v. Venezuela. Merits, reparations and costs, para. 116.
193
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, paras. 174 and 175, and Case of Manuel Cepeda
Vargas v. Colombia. Preliminary objections, merits, reparations and costs, para. 101.
194
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 177, and Case of González Medina and family
members v. Dominican Republic. Preliminary objections, merits, reparations and costs, para. 206.
195
Cf. Case of the Pueblo Bello Massacre v. Colombia. Merits, reparations and costs. Judgment of January 31,
2006. Series C No. 140, para. 123, and Case of the Barrios Family v. Venezuela. Merits, reparations and costs,
para. 123.
196
Cf. Juridical Status and Rights of Undocumented Migrants. Advisory Opinion OC-18/03 of September 17,
2003. Series A No. 18, paras. 112 to 172, and Case of Vélez Loor v. Panamá. Preliminary objections, merits,
reparations and costs. Judgment of November 23, 2010. Series C No. 218, para. 207.
197
Cf. Case of Ríos et al. v. Venezuela. Preliminary objections, merits, reparations and costs, para. 107, and
Case of Vélez Loor v. Panamá. Preliminary objections, merits, reparations and costs, para. 207.
57