members of CAVIDA and is in the process of implementing a series of specific measures of
protection in their favor (supra having seen paragraph 19), in coordination with them and their
representatives.
20.
In this regard also, the information provided by the State that, during the last meeting
convened by the Inter-American Commission on the preventive measures, “the beneficiaries of
the preventive measures [ordered by the Commission, that] cover the proposed beneficiaries of
provisional measures, have indicated that they are not interested in individual measures of
protection, but rather collective measures for all the members of CAVIDA, which were, in fact,
adopted by the competent instance and include precise measures, specifically agreed on with
the representatives” (supra having seen paragraph 19). This has not been contested by either
the representatives or the Inter-American Commission.
21.
In addition, the representatives and the Commission have not made a clear connection
between the alleged facts, most of which occurred prior to the said hearing, and the increased
visibility that these individuals have acquired owing to their participation in the hearing or their
status as community leaders. Moreover, as grounds for their request, they even refer to
supposed incidents that have occurred to other people who are not the proposed beneficiaries.
22.
Despite the above, it should be repeated that the preventive measures ordered by the
Commission remain in force. The State is adopting measures of protection and has expressed its
willingness to maintain rigorously all the mandates, orders, actions and measures that had been
implemented in the context of the preventive measures before the Commission” (supra having
seen paragraph 19). Thus, and without prejudice to the Court continuing to monitor the
situation of the presumed victims in the case that it is hearing, the State has undertaken to
continue adopting collective measures of protection and, as required also those of an individual
nature, in favor of these persons and other members of CAVIDA who may require this, within
the framework of the said preventive measures. Thus, it is evident that it corresponds to the
State to assess the specific situation of risk of each of the proposed beneficiaries. Consequently,
this Order in no way affects the measures of protection that the State has already implemented,
or interferes with the preventive measures ordered by the Inter-American Commission.
23.
In addition to the above, the Court reiterates that the State has the constant and
permanent obligation to comply with the general obligations that correspond to it under Article
1(1) of the Convention to respect the rights and freedoms recognized in this instrument and to
ensure their free and full exercise to all persons subject to its jurisdiction, under any
circumstance. 33 Consequently, the Court reiterates to the State that, based on the principle of
complementarity and subsidiarity, it is the States themselves that are primarily obliged to
guarantee the life, security and integrity of the individual through their domestic organs and
jurisdiction. In this way, in order to implement the obligation to protect the individual, when
necessary, the States must conduct individual or specific risk assessments and, as appropriate,
implement the necessary measures of protection to ensure the security of people in a situation
of risk.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
33
Cf. Case of Velásquez Rodríguez. Provisional measures with regard to Honduras. Order of the Court of January
15, 1988, third considering paragraph; Case of Helen Mack Chang et al. Provisional measures with regard to Guatemala.
Order of the Court of November 16, 2009, thirty-first considering paragraph, and Case of García Prieto et al. Provisional
measures with regard to El Salvador. Order of the Court of February 3, 2010, fifteenth considering paragraph.
17