6
give rise to provisional measures, the Court undermines its own capacity to take informed
decisions on the continuation of such measures.”
16.
That the Inter-American Commission considered that “from the available information,
none of the investigations has gone beyond the preliminary stage, and the only one that
made any progress culminated in a declaration of a stay of proceedings”; it also indicated
that “the State has not complied with this aspect of the provisional measures and it hoped
that, in its next reports, it would provide details of the measures it was taking to elucidate
the facts, identify those responsible and, if applicable, impose the corresponding sanctions.”
17.
That Article 1(1) of the Convention establishes the general obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms.
Consequently, irrespective of the existence of specific provisional measures, the State is
specifically obliged to ensure the rights of people who are at risk and must promote the
investigations needed to clarify the facts and to implement the consequences established by
the pertinent laws.6 With regard to this investigation, the State in question must make
every effort to determine all the facts concerning the threat and the form it took; to
determine whether there has been a pattern of threats against the beneficiary or the group
or entity to which the beneficiary belongs; to determine the purpose or object of the threat;
to determine the individual or individuals behind the threat and, if applicable, to punish
them. Nevertheless, the Court has indicated that an alleged lack of investigation by a State
does not necessarily constitute a circumstance of extreme gravity and urgency that merits
maintaining the provisional measures. In addition, at times the obligation to investigate
may extend over a considerable period of time during which the threat or danger does not
necessarily remain extreme and urgent. Lastly, the Court has indicated that the analysis of
the effectiveness of the investigations and procedures relating to the facts that gave rise to
the provisional measures corresponds to the examination of the merits of the case.7 In brief,
although failure to comply with the obligation to investigate is reproachable, it is not in itself
a sufficient reason to maintain the provisional measures. The beneficiaries and the
Commission must submit arguments and prove that this absence of investigation
contributes to or is the cause of the situation of extreme gravity and urgency to avoid
irreparable damage to the specific beneficiary.
18.
That, in this matter, the situation of extreme gravity experienced by the beneficiaries
gave rise to the order to open investigations. Once these commenced, any problems
relating to the negligence or ineffectiveness of the investigations must be addressed by
litigation, as the representative have acknowledged. As the Court will examine below, the
representatives could be correct when they indicate that, owing to the absence or
ineffectiveness of an investigation, it is not possible to know for sure whether the danger for
an individual persists. However, given the absence of new threats for a reasonable period of
time, the fact that an investigation has not produced specific results could be insufficient to
conclude that the danger, even assuming it exists, is extremely grave and urgent. In
recognition of this, the representatives refer to a series of acts of harassment, and it is
6
Cf. Case of Velásquez Rodríguez. Provisional measures with regard to Honduras. Order of the Court of
January 15, 1988, third considering paragraph; Matter of the “El Nacional” and “Así es la Noticia” Newspapers.
Provisional measures with regard to Venezuela. Order of the Court of November 25, 2008, thirty-ninth considering
paragraph, and Case of López Álvarez et al, supra note 2, twenty-eighth and twenty-ninth considering paragraphs.
7
Cf. Matter of Leonel Rivero et al. Provisional measures with regard to Mexico. Order of the Court of
November 25, 2008, eighteenth considering paragraph; Matter of Pilar Noriega et al. Provisional measures with
regard to Mexico. Order of the Court of February 6, 2008, fourteenth considering paragraph.