151), there is no record that any measures of protection were implemented. 256 The only
measure of support provided was through the action of the Mayor of Santa Lucía, when
agents of the Municipal Transit Police carried out patrols in the area and accompanied the
family during the nine days of prayers following Mr. A.A.’s death (supra para. 151).
157. In the Court’s view, the States must establish special measures of adequate and
effective protection. 257 For the measures to be adequate, they must be suitable to deal
with the danger facing an individual and, to be effective, they must be able to produce the
results for which they were conceived. 258 The Court considers that, in order to comply with
the requirement of suitability in the case of human rights defenders, the State must
ensure that special measures of protection are: a) in keeping with the functions performed
by the defenders; 259 b) the level of risk must be assessed in order to adopt measures and
monitor those that are in force; 260and c) it must be possible to modify such measures in
accordance with changes in the level of danger. 261 Thus, the type of protective measures
offered must be decided in consultation with the human rights defenders in order to
ensure a timely and focused intervention, proportionate to the danger that the defender
could face. Furthermore, particular attention should be paid to a gender-based
approach 262 within the risk-assessment procedure, because it could reveal a differentiated
level of danger, and could have an impact on the implementation of measures of
protection. To ensure that the measures are effective, the following elements are
essential: a) an immediate response by the State as soon as it becomes aware of the
existence of the danger, 263 to ensure that the measures are timely; b) that those involved
in the protection of defenders have the necessary training to perform their functions and
256
According to statements rendered by Mrs. B.A., initially, the police did not provide protection to her
family, because they “had very few vehicles, […] no gas and […] and it was too difficult for them to protect us,
[since] they had a duty to an entire population.” However, the Court has no evidence to be able to confirm this
point. Cf. Statement of B.A. (File of attachments to submission brief, disk 2, minute 1:28).
257
In this regard, in the context of the implementation of Provisional Measures, the Court has indicated that
States have a special duty to protect those who work in non-governmental organizations, and to provide effective
and adequate guarantees for human rights defenders to enable them to freely carry out their activities, preventing
actions that limit or obstruct their work. Cf. Matter of the Monagas Judicial Confinement Center (“La Pica”).
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 9, 2006,
Considering para. 14, and Matter of Danilo Rueda. Provisional Measures regarding Colombia. Order of the InterAmerican Court of Human Rights of May 28, 2014, Considering para. 16.
258
The Court takes into account the expert analysis conducted by the Inter-American Commission of Human
Rights, through the IACHR’s Rapporteurship on Human Rights Defenders, in its Second Report on the Situation of
Human Rights Defenders in the Americas (2012), page 232, para. 521.
259
Cf.
Case
of
Nogueira
de
Cavalho
et
al.
v.
Brazil,
supra,
para.
para. 77, and Case of Luna López v. Honduras, supra, para. 127.
260
Cf. Expert opinion rendered by affidavit by Luis Enrique Eguren Fernández, on January 23, 2014 (Merits file,
page 683), and Second Report on the Situation of Human Rights Defenders in the Americas (2012), para. 493. In
certain cases, and depending on the specific circumstances, the safety of the relatives of human rights defenders
must also be assessed, and they should be included in any protection measures requested. Cf. Report submitted by
Mrs. Margaret Sekaggya, Special Rapporteur of the Secretary General on Human Rights Defenders, 13th Period of
Sessions of the Commission on Human Rights, December 30, 2009, para. 61; Report submitted by Mrs. Margaret
Sekaggya, Special Rapporteur of the Secretary-General on Human Rights Defenders, 25th Session of the Human
Rights Commission, 23 December 2013, para. 88; United Nations General Assembly Resolution approved by the
Human Rights Council at the 13th Session, April 15, 2010, and United Nations General Assembly Resolution approved
by the Human Rights Council in the 68th Session, January 30, 2014, para. 19.
261
Cf. Expert opinion of Luis Enrique Eguren Fernández rendered by affidavit on January 23, 2014 (Merits file ,
page 683), and IACHR Second Report on the Situation of Human Rights Defenders in the Americas (2012), page
233, para. 524.
262
Cf. Expert opinion rendered by Hina Jilani before the Inter-American Court at the public hearing held on
February 5, 2014; IACHR Second Report on the Situation of Human Rights Defenders in the Americas (2012),
page 229, para. 512; Report submitted by Mrs. Margaret Sekaggya, Special Representative of the SecretaryGeneral on Human Rights Defenders, 63rd Session of the Commission on Human Rights, 14 August 2008, Key
Messages in relation to human rights Defenders, para. 9; Report submitted by Mrs. Margaret Sekaggya, Special
Representative of the Secretary General on Human Rights Defenders, 16th Session of the Commission on Human
Rights, 20 December 2010, para. 110; United Nations General Assembly Resolution approved on December 18,
2013 (68/181). Promotion of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of
Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: Protection of
Human Rights Defenders, pages 4-8; United Nations General Assembly Resolution approved by the Human Rights
Council in its 68th Session, January 30, 2014, para. 19; European Council, June 2004, European Union Guidelines
on Human Rights Defenders. Introduction, para. 6, and the European Council’s Conclusion regarding the first
review of the implementation of “European Union Guidelines on Human Rights Defenders”, June 7, 2006, EU
Missions, at the initiative of and/or under the coordination of the local residence, para. 33.
263
Cf. IACHR Report on the Situation of Human Rights Defenders in the Americas (2006), para. 339.
49
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