to guarantee the rights to life and personal integrity of an individual is increased in the
case of a human rights defender.
143. In the instant case, no violations of the State’s obligation to respect the rights to
life and personal integrity have been alleged. The dispute has focused solely on the
obligation to guarantee those rights. Therefore, the Court will consider whether in this
case the requirements were met to determine that the State failed to discharge its positive
obligation to guarantee human rights by taking the measures necessary to prevent
violations. To this end, it is necessary to ascertain whether, at the time of the events, a
situation of real and imminent danger existed for the life or personal integrity of a specific
individual, or group of individuals, whether the authorities knew, or should have known
about this, and whether they took the necessary measures within the scope of their
respective powers which, reasonably judged, could have been expected to prevent or
avoid such danger. 244 The Court will examine these suppositions, in light of the complaints
made to public institutions or officials, in order to ascertain whether the State had prior
knowledge. 245 In this case, the Court will also take into account the fact that in 2003 and
2004, the State of Guatemala was aware of the situation of special vulnerability facing
human rights defenders, especially those working to protect or promote economic, cultural
and social rights, and those seeking truth and justice for human rights violations
committed during the internal armed conflict (supra para. 78), as Mr. A.A. and Mrs. B.A.
did (supra paras. 131 and 132). All this will be considered in light of the standards of
prevention and protection indicated previously.
B.2.1. Alleged failure to fulfill the obligation to guarantee the life Mr. A.A.
144.
With respect to the State’s alleged failure to guarantee the life Mr. A.A., this Court
finds that the allegations made by the Commission and the representatives that the State
had knowledge of a situation of real and immediate danger to Mr. A.A.’s life were based on
two suppositions: first, that Mrs. B.A. had reported a threat made against herself, her son
and her father on November 26, 2003, to the Public Prosecution Service; and secondly,
that family A had reported acts of intimidation and surveillance against Mr. A.A. prior to
his death, to the municipal Mayor of Santa Lucía Cotzumalguapa.
145. As to the first supposition, the Court emphasizes that, in its answer brief and
during the public hearing, the State based its litigating position and its defense on the lack
of evidence regarding the aforementioned complaint of November 26, 2003, and,
specifically, denied its existence. Nevertheless, after the Court requested the parties to
present that complaint, and given that both the State and the representatives submitted it
to the Court, Guatemala insisted in its final written arguments that [the complaint] “at no
time makes reference to, much less mentions, Mr. [A.A.] as a victim of the threat reported
by Mrs. [B.A.].” For their part, the representatives reiterated that the threat received on
November 26, 2003, was against A.A., B.A. and her son, which B.A. “stated when she filed
her complaint”, the following day, and that the omission of Mr. A.A. in that complaint was
due to a “transcription error by the official of the Prosecutor’s Office who drafted it.” The
Commission pointed out that, during the entire proceeding before it, the State had never
challenged the complaint filed by Mrs. B.A., and emphasized that “both in her statements
in the domestic jurisdiction and before the Commission and the Court, [B.A.] she has
consistently stated that her father was also threatened.” The Commission argued that it
was for the State to investigate the scope of the facts reported to it, including the
http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/183/17/PDF/G1218317.pdf?OpenElement.
Similarly, see UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, supra, Article 12(2): “The
State shall take all necessary measures to ensure the protection by competent authorities of everyone, individually
or in association with others, against any violence, threats, retaliation, de facto or de jure, adverse discrimination,
pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in
this Declaration”, and Resolutions 1818/01 of May 17, 2001 and 1842/02 of the General Assembly of the
Organization of American States, Human Rights Defenders in the Americas: Support for the Work of Individuals,
Groups and Civil Society Organizations for the Promotion and Protection of Human Rights in the Americas, of June 4,
2002 which resolved, “To urge Member States to step up their efforts to adopt the necessary measures, in keeping
with their domestic law and with internationally accepted principles and standards, to safeguard the lives,
personal safety and freedom of expression of human rights defenders.”
244
Cf. Case of Pueblo Bello Massacre v. Colombia, supra, para. 123, and Case of Luna López v. Honduras,
supra, para. 124.
245
Mutatis mutandis, Case of Luna López v. Honduras, supra, para. 125.
45
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos