86.
In crimes against human rights defenders specifically, the Court has noted that States have
a duty to investigate, seriously and effectively, any violations committed against them, to combat
impunity, 146 and to ensure impartial, prompt, and authoritative justice, and that this entails an
exhaustive search for all the information in order to design and carry out an investigation that
involves the proper analysis of the different hypotheses of responsibility, by act or omission, at
different levels, exploring all the pertinent lines of investigation to identify those responsible. 147
Consequently, when confronted with indications or allegations that a specific act against a human
rights defender could be based precisely on their work defending and promoting human rights, the
investigating authorities should take into account the context of the facts and their activities to
identify the interests that could have been affected by those activities, in order to establish and
exhaust the lines of investigation that take into account their work, determine the reason for the
crime, and identify the perpetrators. 148
87.
Due to the fundamental role of human rights defenders in promoting and protecting human
rights in their day-to-day work, the Court has recognized the enhanced obligation of due diligence in
the investigation of their deaths. 149 This obligation involves actions such as documenting the work of
the defender, the role he or she played in the community and environment, the agenda he or she
was implementing, and the region in which he or she worked, using methodological tools such as
researching similar cases to identify systematic patterns. 150
88.
The Court reiterates that compliance with the State’s duty to create the necessary conditions
for the effective exercise and enjoyment of the rights established in the Convention is intrinsically
linked to the protection and recognition of the importance of the role played by human rights
defenders, 151 whose work is fundamental to strengthen democracy and the rule of law. The Court
also recalls that the activities of monitoring, denunciation, and education that human rights defenders
perform make an essential contribution to respect for human rights, because they act as guarantors
against impunity. Thus, they complement the role, not only of the States, but also of the interAmerican human rights system as a whole. 152 In this regard, the Court has already stressed the need
to eradicate impunity in cases of violence against human rights defenders, because this is essential
to ensure that they may perform their task freely in a safe environment. 153
89.
The Court stresses that violence against human rights defenders has a chilling effect, 154
especially when the crimes go unpunished. In this regard, the Court reiterates that the threats and
attempts on the safety and life of human rights defenders and the impunity of those responsible for
such actions are particularly grave because they have an impact that is not only individual, but also
collective. When such things happen, society is prevented from learning the truth about whether the
rights of persons are being respected or violated within the jurisdiction of a given State. 155
146
Cf. Case of Nogueira de Carvalho et al. v. Brazil. Preliminary objections and merits. Judgment of November 28, 2006.
Series C No. 161, para. 77, and Case of Digna Ochoa and family members v. Mexico, supra, para. 100.
147
Cf. Case of Escaleras Mejía et al. v. Honduras. Judgment of September 26, 2018. Series C No. 361, para. 47, and
Case of Digna Ochoa and family members v. Mexico, supra, para. 100.
148
Cf. Case of Human Rights Defender et al. v. Guatemala, supra, paras. 131, 216, and 219, and Case of Digna Ochoa
and family members v. Mexico, supra, para. 100.
149
Cf. Case of Digna Ochoa and family members v. Mexico, supra, para. 104.
150
Cf. Case of Digna Ochoa and family members v. Mexico, supra, para. 104.
Cf. Case of Nogueira de Carvalho et al. v. Brazil, supra, para. 74, and Case of Digna Ochoa and family members v.
Mexico, supra, para. 100.
151
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations, and costs. Judgment of November 27, 2008. Series
C No. 192, para. 88 and Case of Digna Ochoa and family members v. Mexico, supra, para. 100.
152
153
Cf. Case of Digna Ochoa and family members v. Mexico, supra, para. 135.
Cf. Case of Valle Jaramillo et al. v. Colombia, supra, para. 96, and Case of Escaleras Mejía et al. v. Honduras, supra,
para. 69.
154
Cf. Case of Nogueira de Carvalho et al. v. Brazil, supra, para. 76, and Case of Valle Jaramillo et al. v. Colombia,
supra, para. 96.
155
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