11
*
*
*
40.
The Court takes note of the offering made by the State regarding the public
act to be carried out on February 26, 2010 and urges the parties to consolidate the
agreement in that respect. The Tribunal emphasizes the commitment made by the
State in order to “guarantee the best conditions for [the] work” of the Civic
Committee “on good faith.” Moreover, the Court recalls that States have the specific
duty to protect all people working in non-governmental organizations and give
effective and adequate guarantees to human rights defenders so that they may
perform their tasks freely, and to deplore acts that prevent or hamper their work
since such work constitutes a positive contribution and supplements the efforts made
by the State in its capacity of guarantor of the rights of individual under its
jurisdiction.10
Therefore:
The Inter-American Court of Human Rights,
By virtue of the authority granted by Article 63(2) of the American Convention on
Human Rights and Articles 27 and 31 of the Court’s Rules of Procedure,11
Decides:
1.
To require the State to maintain and adopt the measures that are necessary
to continue protecting the life and physical integrity of Mrs. Islena Rey and Mariela
de Giraldo and her two minor daughters, Sara and Natalia Giraldo, and to inform this
Tribunal in that respect.
2.
To require the State to inform on the commitment made according to the
terms of Considering clauses 30 and 34 of this Order.
10
Cf. Case of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of February 9, 2006, considering clause
fourteen. Case of Plan de Sanchez Massacre. Provisional Measures regarding Guatemala. Order of the
Inter-American Court of Human Rights of November 25, 2006, Considering Clause twelve. Case of Gloria
Giralt de García Prieto et al. Provisional Measures regarding El Salvador Order of the Inter-American Court
of Human Rights of September 26, 2006, Considering Clause eight. Furthermore, see Organization of
American States, “Human Rights Defenders in the Americas”: Support for the individuals, groups, and
organizations of civil society working to promote and protect human rights in the Americas, AG/Res. 1671
(XXIX-0/99) of June 7, 1999; AG/Res. 1711 (XXX-O/00) of June 5, 2000, and AG/Res. 2412 (XXXVIIIO/08) of June 3, 2008.
11
Rules of Procedure of the Court approved during its LXXXV Regular Period of Sessions, held from
November 16 to 28, 2009.