identified individual or group of individuals – or that the State should be aware of this situation
of real and immediate risk – and the reasonable possibility of preventing or avoiding this risk.181
In other words, even though the legal consequence of an individual’s act or omission is the
violation of certain human rights of another individual, this cannot automatically be attributed to
the State because the particular circumstances of the case and the implementation of this
obligation of guarantee must be taken into account. 182 In this regard, the Court clarifies that, in
order to establish non-compliance with the obligation to prevent violations of the rights to life
and personal integrity, it must be verified that: (i) the State authorities knew, or ought to have
known of the existence of a real and immediate risk for the life and/or personal integrity of an
identified individual or group of individuals, and (ii) these authorities failed to take the necessary
measures within the scope of their powers that, judged reasonably, might have been expected
to prevent or avoid that risk. 183 This has been the Court’s criteria since the delivery of the
judgment in the case of the Pueblo Bello Massacre v. Colombia,184 and it has been reiterated in
its consistent case law.185
110. In the instant case, there are two moments at which the obligation of prevention must be
analyzed. The first is before the disappearance of Claudina Velásquez and the second is before
the discovery of her body.
B.1. Before the disappearance Claudina Velásquez: general obligation to prevent the
disappearance and murder of women
111. Regarding the first moment – that is, before the disappearance of Claudina Velásquez,
the Court has already established that, in December 2001, there was a context of an escalation
of homicidal violence against women in Guatemala, that this increase had grown constantly
throughout the country in 2004 and 2005, and that, to this day, the levels continue to be very
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 Human Rights Defender et al. v. Guatemala, supra, para. 140. In this regard, the
European Court of Human Rights has understood that: “[…] not every claimed risk to life can entail for the authorities a
Convention requirement to take operational measures to prevent that risk from materializing. For a positive obligation to
arise, it must be established that the authorities knew or ought to have known at the time of the existence of a real and
immediate risk to the life of an identified individual […] from the criminal acts of a third party and that they failed to
take measures within the scope of their powers which, judged reasonably, might have been expected to avoid that risk.”
Cf. ECHR, Case of Kiliç v. Turkey, No. 22492/93, Judgment of March 28, 2000, paras. 62 and 63, and ECHR, Osman v. the
United Kingdom, No. 23452/94, Judgment of October 28, 1998, paras. 115 and 116.
182
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 123, and Case of the Human Rights Defender et al. v.
Guatemala, supra, para. 140.
183
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, para. 123, and Case of the Human Rights Defender et al. v.
Guatemala, supra, para. 143.
184
Cf. Case of the Pueblo Bello Massacre v. Colombia, supra, paras. 123 and 124, citing ECHR, Case of Kiliç v. Turkey,
No. 22492/93, Judgment of March 28, 2000, paras. 62 and 63, and ECHR, Osman v. the United Kingdom No. 23452/94,
Judgment of October 28. 1998, paras. 115 and 116. The original text of paragraph 116 of the case of Osman indicates:
“[…] In the opinion of the Court where there is an allegation that the authorities have violated their positive obligation to
protect the right to life in the context of their above-mentioned duty to prevent and suppress offences against the
person (see paragraph 115 above), it must be established to its satisfaction that the authorities knew or ought to have
known at the time of the existence of a real and immediate risk to the life of an identified individual or individuals from
the criminal acts of a third party and that they failed to take measures within the scope of their powers which, judged
reasonably, might have been expected to avoid that risk. […] For the Court, and having regard to the nature of the right
protected by Article 2, a right fundamental in the scheme of the Convention, it is sufficient for an applicant to show that
the authorities did not do all that could be reasonably expected of them to avoid a real and immediate risk to life of
which they have or ought to have knowledge.”
185
See, Case of González et al. (“Cotton Field”) v. Mexico, supra, paras. 283 and 284; Case of the Sawhoyamaxa
Indigenous Community v. Paraguay. Merits, reparations and costs. Judgment of March 29, 2006. Series C No. 146, para.
155; Case of the Xákmok Kásek Indigenous Community. v. Paraguay. Merits, reparations and costs. Judgment of August
24, 2010. Series C No. 214, para. 188; Case of Castillo González et al. v. Venezuela. Merits. Judgment of November 27,
2012. Series C No. 256, para. 128; Case of Luna López v. Honduras. Merits, reparations and costs. Judgment of October
10, 2013. Series C No. 269, para. 124; Case of the Human Rights Defender et al. v. Guatemala, supra, para. 143, and Case
of Rodríguez Vera et al. (Disappeared of the Palace of Justice) v. Colombia, supra, para. 527.
181
39