16.
Furthermore the State sustained, regarding the complaint filed by Hernan Antonio
Bolivar, that “it is still at the preliminary stage, within the reasonable term, for which it
cannot be considered as a lack of due diligence on the part of the Venezuelan State". In
this respect, the Court recalls that the urgency required for the adoption of provisional
measures refers to special and exceptional situations that require and merit immediate
action and response aimed at averting the threat. From the urgent nature of the threat it
follows that the response must be, above all, immediate to confront such a situation,
since a lack of response would implicate danger.10 To this end, given that the duty to
investigate, on certain occasions, may be prolonged for a considerable period of time,
the State must implement, on a priority basis, other types of measures whose
fundamental purpose is the effective protection and preservation of life and personal
integrity, in order to avert the threat and urgently respond to the situation. Without
detriment to the foregoing, in the framework of complementary investigations
undertaken, the State in question must do its utmost to determine all the facts
surrounding the threat and the nature of the threat, to determine whether there exists a
pattern of threats against the beneficiary or the group or entity to which she belongs; to
determine the purpose or intention of the threat and to determine those responsible for
the threat and, if applicable, punish them.11
17.
In conclusion, from the information provided there is a clear prima facie situation
of severe risk against the life and integrity of Marianela Sánchez Ortiz, her husband
Hernán Antonio Bolivar and their children Anthony Alberto Bolivar Sánchez and Andra
Antonela Bolivar Sanchez, which requires urgent measures of protection. Therefore, the
Court considers that these provisional measures must be expanded in order to protect
the life and integrity of those aforementioned. In this respect, it is necessary that the
State make all the pertinent arrangements to ensure that the provisional measures
ordered in this Order are planned and implemented with the participation of the
beneficiaries of the measures, or with their representatives, to ensure that the measures
are provided in a diligent and effective manner.
Finally, the Court recalls that the State has the permanent and constant duty of
complying with the general obligations according to Article 1(1) of the Convention, that
is, to respect the rights and freedoms recognized therein and ensure to all persons
subject to its jurisdiction the free and full exercise of those rights and freedoms.12
Moreover, States have the specific duty to protect all people working in nongovernmental 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
persons under its jurisdiction13 and specially, of those incarcerated. In this regard, the
18.
10
Cf. Matter of Rodeo I and Rodeo II Capital Judicial Confinement Center, eighteenth considering
paragraph, and Matter of Alvarado Reyes et al. Provisional Measures with regard to Mexico. Order of the InterAmerican Court of Human Rights of May 15, 2011, sixteenth considering paragraph.
11
Cf. Case of Carpio Nicolle, twenty-forth considering paragraph and Case of the 19 Tradesmen, fortyseventh considering paragraph.
12
Cf. Case of Velásquez Rodríguez. Provisional Measures with regard to Honduras. Order of the InterAmerican Court of Human Rights of January 15, 1988, third considering paragraph, and Case of the 19
Tradesmen, forty-fifth considering paragraph.
13
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures with regard to
Venezuela. Order of the Inter-American Court of Human Rights of February 9, 2006, fourteenth considering
10