16
52.
However, the Court observes that from the information effectively presented by
the State, one can deduce that the murder of Javier Augusto Torres Durán took place in
part as a consequence of the general situation of violence and insecurity in the area
where the beneficiaries reside, a situation that, according to recent information (infra
considering 65 and 66), still persists.
53.
In addition, the Tribunal profoundly regrets the recent death of Sebastián Naranjo
Jiménez, who was also a beneficiary of these provisional measures. The Court notes the
information provided by the State to the effect that it had not received any request for
police escort from the beneficiaries on the day of Sebastián Naranjo’s death (supra
Considering 48), as well as the comments of the representatives as far as the problems
experienced when requesting these kinds of escorts, for which reason the beneficiaries
were not informing the State on their movements (supra considering 11 and 49).
However, it observes that the murder of another beneficiary is an exceedingly grave fact
denoting the ineffectiveness of the measures adopted to eradicate the sources of risk and
adequately protect the beneficiaries. Also, in this particular matter, it evidences the lack
of effective communication between the beneficiaries and the State with regard to the
implementation of these provisional measures.
54.
The orders to adopt provisional measures imply a special duty to protect the
beneficiaries of the measures as long as the measures are in force. A failure to comply
with them can leave the State internationally responsible.24
55.
The Court insists that in order to make the rights enshrined in the American
Convention effective, the State Party has the obligation, erga omnes, to protect all the
individuals under its jurisdiction, including with regard to acts of private third parties or
irregular armed groups of any nature.25
56.
As far as the specific incidents in which the deaths of the aforementioned
beneficiaries took place, this Tribunal notes that the information provided by the State
does not allow for a conclusion on whether State authorities carried out all measures
available to it to protect the beneficiaries or if, under the circumstances of the moment,
they acted diligently and in a timely fashion. The Tribunal observes what the parties have
indicated as far as the facts related to the death of Sebastián Naranjo Jiménez, as well as
the difficulties in implementing the measures presumably provided in this case (supra
Considering 53). Therefore, it finds it necessary for the State to take all necessary
measures to achieve effective implementation of the protective measures, particularly
during the movement and travel of the beneficiaries within or outside the area where
they live; as well as for the beneficiaries and the representatives to offer all due
cooperation to State authorities in order to achieve adequate implementation of the
measures. To do so, it finds it especially relevant for clear and direct means of
communication to be established between the State and the beneficiaries in order to
establish the necessary trust for their adequate protection, as well as for the State to
offer participation to the beneficiaries and the representatives in the planning and
implementation of the protective measures to their benefit. In this sense, the Tribunal
24
Cf. Case of Hilaire, Benjamin, Constantine et al. v. Trinidad and Tobago. Merits, Reparations and Costs.
Judgment of June 21, 2002. Series C No. 94, paras. 196 to 200; Case of the 19 Tradesmen. Monitoring
Compliance with Judgment and Provisional Measures regarding Colombia. Order of the Court of June 8, 2009,
Considering 90, and Case of the 19 Tradesmen v. Brasil, supra footnote 1, Considering 3.
25
Cf. Matter of the Peace Community of San José de Apartadó. Provisional Measures regarding Colombia.
Order of the Inter-American Court of June 18, 2002, Considering 12; Matter of the Jiguamiandó and Curbaradó
Communities. Provisional Measures regarding Colombia. Order of the Court of August 30, 2010, Considering 44,
and Matter of the Peace Community of San José de Apartadó. Provisional Measures regarding Colombia. Order
of the Court of August 30, 2010, Considering 23.