obligation to guarantee the creation of the conditions required to ensure that violations
of this right do not occur. 286
263. According to the Court’s case law, it is not necessary to determine the guilt of
the perpetrators or their intention in order to establish whether a violation of the right
to life has been produced; nor is it necessary to identify individually the agents to
whom the acts that violated that right are attributed. Rather it is sufficient to
demonstrate that acts or omissions have been verified that have allowed the
perpetration of those violations or that a State obligation exists that has not been
complied with. 287
264. In this respect, the Court notes that, on June 11, 2007, Félix Ordóñez Suazo,
who was coordinator and board member of the Punta Piedra Community Development
Association, died as a result of three bullet wounds. According to the statements of
several members of the Punta Piedra community, Félix Ordóñez Suazo’s death was the
result of the land conflict that existed between him and two members of the village of
Rio Miel and, owing to the tense situation, Mr. Ordóñez has been receiving threats
(supra paras. 137 to 139).
265. Based on the foregoing, the Court will analyze whether, in this case, the
requirements were met for the State to have had the positive responsibility to prevent
the violation of the right to life of Félix Ordóñez Suazo. To this end, it is necessary to
ascertain whether, at the time of the events: (i) there was a situation of real and
imminent danger for the life of Félix Ordóñez Suazo; (ii) the authorities knew or should
have known, and (iii) they failed to adopt the reasonable and necessary measures to
prevent or avoid this danger. 288 To verify this, the Court will take into account the
possible situation of special vulnerability, the cause of death, and the corresponding
causal nexus between these factors. 289
266. The Court has noted that the statements of the Punta Piedra community
members are consistent in indicating that, in the context of the land usurpation and
the death of Félix Ordóñez Suazo, the inhabitants of the village of Rio Miel have
constantly threatened them, with verbal threats and the use of firearms. As a result of
this situation, the community lives in a state of fear, and has restricted the use of their
territory; moreover, the effects still continue. 290
Cf. Case of the “Street Children” (Villagrán Morales et al.), supra, para. 144, and Case of Artavia
Murillo et al. (In vitro fertilization) v. Costa Rica. Preliminary objections, merits, reparations and costs.
Judgment of November 28, 2012. Series C No. 257, para. 172.
287
Cf. Case of Velásquez Rodríguez, Merits, supra, paras. 134, 172 and 173; and Case of Cruz Sánchez
et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of April 17, 2015; Series C
No. 292, para. 280.
288
Cf. Case of the Pueblo Bello Massacre, supra, para. 123, and Case of Rodriguez Vera et al.
(Disappeared from the Palace of Justice), supra, para. 523.
289
Cf. Case of the Xákmok Kásek Indigenous Community, supra, para. 227.
290
Cf. Statement of Nieves Oswaldo Bonifacio Castillo of July 3, 2007 (evidence file, folio 1539);
statement of Marcos Bonifacio Castillo of July 5, 2007 (evidence file, folio 1545); statement of Marcial
Martínez Suazo of July 14, 2007 (evidence file, folio 1537); statement of Armando Castillo Núñez of August
21, 2014 (merits file, folio 462); statement of Dionisia Ávila Castillo of August 20, 2014 (merits file, folio
465); statement of Edelberta Ávila Castillo of August 21, 2014 (merits file, folio 466); statement of Edito
Suazo Ávila of August 21, 2014 (merits file, folio 469); statement of Joaquín Thomas Rodríguez of August
21, 2014 (merits file, folio 472); statement of Santos Ávila Castillo of August 21, 2014 (merits file, folio
476); statement of Santos Celi Suazo Castillo of August 21, 2014 (merits file, folio 478); statement of
Antonio Bernárdez Suazo of August 20, 2014 (merits file, folio 481); statement of Paulino Mejía Castillo of
August 21, 2014 (merits file, folio 494); statement of Lidia Palacios during the public hearing held before the
Inter-American Court on September 2, 2014; statement of Doroteo Thomas Rodríguez during the public
286
76