-8In relation to the precautionary measures, the Commission expressed that:
[…] was able to establish that the efforts the State made to implement the
precautionary measures have been few, late in coming, inadequate and in some cases
nonexistent. […] The Commission also received testimony to the effect that some
beneficiaries of precautionary measures are afraid to receive any protection from the
very persons they regard as the aggressors.10
15.
The Tribunal considers that the adoption of provisional measures should not be
deferred, as a mechanism of protection of human rights, in order to forestall the threats
that loom over Mrs. Lanza Ochoa, given that the delay or lack of response would imply a
danger to her. Lastly, it is evident the irreparable nature of the damage that may be
caused to the rights to life and human treatment, which are in danger before such situation
of risk.
16.
The person indicated by the Inter-American Commission in its request for provisional
measures would be prima facie in a situation of extreme gravity and urgency, given that her
physical integrity and life are threatened and at great risk. As a result, the Inter-American
Court deems it is necessary to protect said person by means of provisional measures, in
light of the terms of the article 62(3)American Convention and 27 of the Tribunal’s Rules of
Procedure.
17.
Moreover, the Court recalls that States have the specific duty to protect all people
working in non-governmental organizations and give effective and adequate guarantees to
human rights defenders so that they may perform their tasks freely, and to deplore acts
that prevent or hamper their work since such work constitutes a positive contribution and
supplements the efforts made by the State in its capacity of guarantor of the rights of
individual under its jurisdiction.11
10
IACHR, Preliminary Observations of the Inter-American Commission on Human Rights on its visit to
Honduras, May 15 to 18, 2010, OEA/Ser.L/V/II, Doc. 68, June 3, 2010, para. 71. See also paras. 72-76.
11
See Case of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures regarding Venezuela.
Order of the Inter-American Court of Human Rights of February 9, 2006, considering clause fourteen. Case of Plan
de Sanchez Massacre. Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human
Rights of November 25, 2006, Considering Clause twelve. Case of Gloria Giralt de García Prieto et al. Provisional
Measures regarding El Salvador Order of the Inter-American Court of Human Rights of September 26, 2006,
Considering Clause eight. Furthermore, see 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.