16.
The Court finds it pertinent to clarify that a ruling of this Court concerning noncompliance with the provisional measures, owing to the absence of effective protection for a
beneficiary, does not constitute an attribution of responsibility to the State for the possible
participation of State agents in the said murders. In the context of a proceeding on
provisional measures, it is not incumbent on this Court to determine the possible
participation of State agents in the said events; but rather it must monitor and assess
effective compliance with the provisional measures ordered by the Court, based on a
situation of extreme gravity and urgency to prevent irreparable damage to persons. In
addition, the Court emphasizes that, in order to ensure that the rights recognized in the
American Convention are effective, the State Party has the obligation, erga omnes, to
protect all those who are subject to its jurisdiction, including in relation to the actions of
private third parties or illegal armed groups of any nature.21
17.
Owing to the seriousness of the situation in which the beneficiaries find themselves,
which is demonstrated by the death of three beneficiaries over the past year, the Court
reiterates that the State must adopt immediately, and effectively, adequate and special
measures to protect and to guarantee the life and personal integrity of all the beneficiaries
of these measures, in keeping with the provisions of the Orders issued by the Court on
November 23, 2004, June 29 and September 22, 2005, February 4 and November 25, 2010,
February 21 and July 5, 2011, and February 13, 2013, so as to eliminate the sources of
danger, avoid the repetition of acts such as those described, and that the beneficiaries may
live their normal lives without fear.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority under Articles 63(2) of the American Convention on Human
Rights and 27 and 31 of the Rules of Procedure of the Court,
DECLARES THAT:
1.
The death of Roni David Barrios Alzul, which occurred on May 15, 2013, added to the
absence of information on the adoption of measures of protection, reveals non-compliance
by the State with the provisional measures ordered, contrary to the provisions of Article
63(2) of the American Convention on Human Rights.
AND DECIDES:
1.
To declare that the provisional measures adopted in favor of Roni David Barrios Alzul
no longer have a purpose owing to his decease, as indicated in considering paragraphs 11 to
16 of this Order.
2.
To maintain the provisional measures ordered by the Inter-American Court of Human
Rights in its Orders of November 23, 2004, June 29 and September 22, 2005, February 4
and November 25, 2010, February 21 and July 5, 2011, and February 13, 2013.
21
Cf. Matter of the Peace Community of San José de Apartadó. Provisional measures with regard to Colombia.
Order of the Court of June 18, 2002, eleventh considering paragraph, and Case of the Barrios Family. Provisional
measures with regard to Venezuela. Order of the Court of February 13, 2013, fifty-first considering paragraph.
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