28
complement the role, not only of the States, but of the inter-American system for the
protection and promotion of human rights.
89.
The Organization of American States has recognized this role of human rights
defenders by underscoring that Member States must provide “support for the work carried
out on the national and regional level by human rights defenders, recognize their valuable
contribution to the promotion, respect, and protection of human rights and fundamental
freedoms, [and condemn those] acts which directly or indirectly impede or obstruct [their]
work in the Americas.48 The obligation to protect human rights defenders has been also
been emphasized in other international instruments49 as the State itself has recognized in
this case (supra para. 83).
90.
Consequently, the Court finds that a State has the obligation to adopt all reasonable
measures required to guarantee the rights to life, to personal liberty, and to personal
integrity of those defenders who denounce human rights violations and who are in a
situation of special vulnerability such as the internal armed conflict in Colombia. However,
this obligation is conditional upon the State being aware of a real and immediate danger to
the said human rights defenders and upon the existence of a reasonable possibility of
preventing or avoiding this danger.50
91.
To this end, the States must implement the necessary measures to ensure that those
who denounce human rights violations can carry out their activities freely; to protect human
rights defenders when they are threatened in order to avoid attacks on their life and
personal integrity; to generate the conditions necessary to eradicate human rights violations
by State agents or individuals; to abstain from imposing obstacles to the work of human
rights defenders; and investigate effectively and efficiently violations committed against
them, in order to combat impunity.51
C)
Violation of the rights to personal liberty, to humane treatment, and to life (Articles
7, 5, and 4 of the Convention) of Jesús María Valle Jaramillo
92.
The Court observes that, in the instant case, the State indicated that “it has never
denied the existence of significant risk to Jesús María Valle Jaramillo’s life. Indeed, the State
48
Organization of American States. Human Rights Defenders in the Americas: Support for the Individuals,
Groups, and Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas, AG/Res.
1671 (XXIX-0/99) of June 7, 1999; AG/Res. 1711 (XXX-O/00) of June 5, 2000, and AG/Res. 2412 (XXXVIII-O/08)
of June 3, 2008.
49
For instance, Article 1 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs
of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Liberties establishes that
“[e]very person has the right, individually or collectively, to promote and procure the protection and realization of
fundamental human rights and liberties at the national and international level.” United Nations. Declaration on the
Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Liberties. A/RES/53/144 of 8 March 1999, Article 1 Cf., also, United
Nations, Basic Principles on the Role of Lawyers, adopted by Eighth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, UN Doc. No. A/CONF.144/28/REV.1, of 7 September 1990, Articles 16 to
22, and Council of the European Union, Draft conclusions of the Council on the EU guidelines on human rights
defenders, 100056/1/04 REV 1, June 9, 2004. Additionally, the OAS General Assembly, by a resolution of June 7,
1999, called upon Member Status to adopt the necessary measures to protect human rights defenders. Cf.
AG/RES.1671 (XXIX-O/99), supra note 48.
50
Cf. Case of the Pueblo Bello Massacre, supra note 30, para. 123, and Sawhoyamaxa Indigenous
Community v. Paraguay. Merits, reparations and costs. Judgment of March 29, 2006. Series C No. 146, para. 155.
51
Cf. Case of the Monagas Detention Center (“La Pica”), supra note 47, fourteenth considering paragraph;
Case of Nogueira de Carvalho et al., supra note 47, para. 77, and Case of the Persons Deprived of Liberty in the
“Dr. Sebastião Martins Silveira” Prison, in Araraquara, São Paulo, supra note 47, twenty-fourth considering
paragraph. Cf., also, testimony given by the expert witness, Rainer Huhle, supra note 40.