20
45.
That considering the State’s argument, it falls upon the Tribunal to determine
whether there exist a duplication of proceedings to monitor the implementation of
the protective measures ordered in favor of a group of people who are, at the same
time, victims of human rights violations or beneficiaries of reparations, according to
what was declared in the Judgment, and in some cases, also beneficiaries of
provisional measures. The Court notes that the last terms of operative paragraph
eleven of the Judgment are, in effect, similar to the terms of the provisional
measures ordered in this case, which could have a bearing on the procedure or
means by which the execution and implementation of the protective measures are
monitored.
46.
That Article 1(1) of the Convention embodies the general duty of States
Parties to respect the rights and liberties recognized in said treaty and to ensure to
all persons subject to its jurisdiction the free and full exercise of those rights and
freedoms. In accordance with that rule, it is a responsibility of States to adopt
security measures to protect all persons under its jurisdiction, especially to preserve
the life and integrity of those people whose rights could be threatened. 11 This duty is
even more evident in connection with persons involved in proceedings before the
bodies responsible for protection under the American Convention, 12 all the more if
there are victims, next-of-kin or witnesses who rendered a statement before the
Court regarding a case.
47.
That based on the foregoing, in the paragraph 280 of the Judgment, the Court
ordered the State to take special measures to guarantee the life, safety and security
of those who made statements before the Court and their families, as well as
provide them with all necessary protection from any person, bearing in mind the
circumstances of the instant case and in view of the fact that most of the victims’
next-of-kin who rendered statements before the Tribunal and notary public,
expressed their fear of reprisals against them.
48.
That after the Judgment, some of the beneficiaries of the compensatory
amounts ordered therein informed the Tribunal that they were subjected to acts of
threat and harassment. The Tribunal considered that these persons and their family
groups were prima facie in a situation of extreme gravity and urgency, since their
lives and personal integrities were threatened and in serious danger due to the
statements rendered during the proceeding before this Tribunal and the
compensatory amounts paid to them. Therefore, the Court ordered, in order to avoid
irreparable damage to people, provisional measures in favor of Wilmar Rodríguez
Quintero and Yimmy Efraín Rodríguez Quintero and their next-of-kin, namely: Nubia
Saravia, wife of Yimmy Rodríguez Quintero; Karen Dayana Rodríguez Saravia, and
Valeria Rodríguez Saravia, both daughters of Yimmy Rodríguez Quintero; William
Rodríguez Quintero, brother of Wilmar and Yimmy Rodríguez Quintero; and Jhon
Carlos Rodríguez Quintero, nephew of Wilmar and Yimmy Rodríguez Quintero; of
11
Cf. Case of Luisiana Rios et al. Provisional Measures regarding Venezuela. Order of the Court of
September 8, 2004; Considering Clause six. Matter of Monagas Judicial Confinement Center ("La Pica")
Provisional Measures.
Order of the Court of February 9, 2006, Considering clause 9; Matter of
Colotenango Provisional Measures regarding Guatemala. Order of the Court of July 12, 2007, considering
clause 4.
12
Cf. Case of Luisiana Ríos et al., supra note 11, considering clause 6; Case of Bámaca Velásquez.
Provisional Measures regarding Guatemala. Order of the Court of January 27, 2009, considering clause 44
and Case of Mayagna (Sumo) Awas Tingni Community. Provisional Measures regarding Nicaragua. Order
of the Court of November 26, 2007, Considering clause 4.