investigations relating to violations of the human rights of justice operators.147 For its part, the Court has
pointed out in its case law that " the State [must] provide its judicial officers (...) and other justice officials
with recourse to an adequate security and protection system that takes into account the circumstances of the
cases under their jurisdiction and their places of work so that they may perform their duties with due
diligence."148
119.
In this way, the IACHR stresses that it is up to each State to protect justice operators against
attacks, acts of intimidation, threats, and harassment; to investigate those who commit violations of their
rights; and to punish them effectively.149 Otherwise, if States do not guarantee the security of their justice
operators against all kinds of outside pressure, including reprisals directly targeting them and their families,
performance of the judicial function as such may be gravely impaired, frustrating access to justice.150
120.
This is because many of the attacks on justice operators are related to their work and thus
seek to frighten and exert pressure and thereby weaken their impartiality and independence.151 In the case of
judges, the Commission has seen how the attacks are meant to send a message to prevent them from ruling
on cases independently and impartially out of fear for their own safety.152
121.
Furthermore, the Commission has observed how in general attacks on justice operators tend
to increase when they are dealing with nationally high profile cases involving serious human rights
violations.153 On many occasions, assassinations are preceded by acts of intimidation directed not only at the
justice operator himself but also at the members of their immediate family.154 Many such threats are
perpetrated in writing, using pamphlets or e-mail, sometimes combined with stalking by unknown persons,
the photographing of homes or vehicles, as well as unlawful searches of operators' offices.155
122.
Given this situation, the Commission underscores that, in accordance with the obligations
arising out of the American Convention, States have a duty to pursue an effective policy of prevention and
protection for justice operators that includes carrying out prompt, exhaustive, and diligent investigations of
threats, harassment, attacks and murders directed against them, as well as when their privacy is violated by
phone tapping or other illegal interceptions of their communications.156 The Commission considers that one
essential step is to ensure that States keep statistical information and records of attacks and acts of
147 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 146.
148 I/A Court HR. Case of the Rochela Massacre v. Colombia. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C
No. 163, par. 297.
149 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 147.
150 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. Thursday, December 05, 2013, par. 147.
151 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 160.
152 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 05, 2013, par. 160.
153 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 161.
154 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 161.
155 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 161.
156 IACHR, Guarantees for the Independence of Justice Operators. Towards strengthening access to justice and the rule of law in
the Americas. December 5, 2013, par. 165.
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