sufficient elements to prove that the State knew, or should have known, of a situation
of real and immediate danger to Mr. A.A.’s life prior to his death.” 6 We disagree with
that reasoning, because we consider that the State of Guatemala did know, or should
have known, about the situation of danger in which A.A. found himself and, therefore,
should have protected his life, thereby guaranteeing his political rights.
4.
For the sake of greater clarity, we will divide this opinion as follows: (1) the
violation of Article 4(1) of the American Convention to the detriment of A.A. (paras. 5 to
15); (2) the violation of Article 23(1) of the American Convention to the detriment of
A.A. (paras. 16 to 20); and (3) Conclusion (paras. 21-25).
1. Violation of Article 4(1) of the American Convention to the detriment of
A.A.
5.
In the Judgment, the Inter-American Court makes it explicit that “the State’s
obligation to guarantee the rights to life and personal integrity of an individual is
increased in the case of a human rights defender.” 7 Furthermore, the Court considered
that, in order to determine whether that increased obligation existed in this specific
case, it was necessary to establish that the authorities knew, or should have known, of
the danger, and that they failed to take the necessary measures, within the scope of
their respective powers which, judged reasonably, might have been expected to prevent
or avoid that risk. 8 Mindful of this increased obligation, we the undersigned consider
that there were indeed sufficient elements to conclude that the State knew, or at least
should have known, about the situation of real and immediate danger to the life of A.A.,
which we will set forth below.
6.
In the first place, as acknowledged in the Judgment, at the time of the events of
this case, human rights defenders in Guatemala faced a situation of vulnerability. This
was especially true for those working to protect or promote economic, cultural and
social rights, and those seeking truth and justice for human rights violations committed
during the internal armed conflict, which took place between 1962 and 1996. 9 The
Court should have considered this context when assessing the evidence and the
arguments, and in the subsequent determination of the State’s international
responsibility. 10 In our view, Mr. A.A. formed part of this vulnerable group, and there is
sufficient evidence to determine that the State knew, or should have known, of the
dangerous situation facing this human rights defender, who required special attention
on the part of the State for the protection of his rights.
7.
Secondly, the security forces and state authorities considered the family of A.A.
to be “subversive.” For this reason, after the enforced disappearance of A.A.’s son, the
members of that family were displaced both within Guatemala and abroad, between
1983 and 1987, 11 and only decided to return to the country after the signing of the
Peace Accords. 12 As a result, the international responsibility of Guatemala was declared
in the case of Gudiel Álvarez (“Diario Militar”) v. Guatemala to the detriment of the
6
Para. 149 of the Judgment.
7
Para. 142 of the Judgment.
8
Cf. para. 143 of the Judgment.
9
Cf. para. 78 of the Judgment.
10
Cf. para. 73 of the Judgment.
11
Cf. para. 83 of the Judgment, and Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala. Merits
Reparations and Costs. Judgment of November 20, 2012. Series C No. 253, para. 308.
12
308.
Cf. Case of Gudiel Álvarez et al. (“Diario Militar”) v. Guatemala. Merits Reparations and Costs, supra, para.
2
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