125. Notwithstanding the foregoing, the Court recalls that it is not possible to ignore the
particular seriousness of attributing to a State Party to the Convention responsibility for the
practice of human rights violations. This “requires the Court to apply an assessment of the
evidence that takes into account the gravity of the attribution of international responsibility
to a State and that, despite this, is able to create a conviction of the truth of the facts
alleged.”78 Therefore, the analysis of the relevant background must be carried out having
regard to its scope and characteristics, so as to be able to establish, if applicable, a pattern
of violence against human rights defenders, of an allegedly flagrant and systematic nature.
126. In relation to this specific case, the Court notes that there is consensus between the
parties and the Commission regarding the existence, at the time of the events, of a
situation of insecurity and increased violence that affected the State of Zulia and particularly
“campesino” leaders, as indicated by the uncontested and proven facts (supra paras. 34 to
37). Even the State acknowledged the general situation of insecurity in the area, and the
fact that this had affected the “campesino” sector. 79 Accordingly, it stated that “[i]f the
murdered “campesino” leaders are considered human rights defenders then, indeed, there
was an increase in acts of aggression against human rights defenders in that area.”
127. However, the Court also notes that, on one hand, the references presented by the
representatives and the Commission generally refer to the situation of human rights
defenders in Venezuela and not exclusively to their situation in Zulia and, on the other, that,
according to the evidence provided and beyond the complex situation of insecurity that
existed in the area, in which certain events occurred that involved attacks against human
rights defenders, it was not proven that these constituted a widespread situation or a
systematic practice. Therefore, it is unnecessary for the Court to consider the other alleged
circumstances, as well as the relevance of conducting an analysis based on the
aforementioned increased obligation of prevention, in light of the presumed situation of
“structural risk” (supra para. 104).
128. Based on the foregoing, it is necessary to indicate the requirements for attributing
responsibility, in this case, for the State’s failure to discharge its positive obligation to
Institutions to promote and protect human rights and universally recognized fundamental freedoms, states that
"[e]veryone has the right, individually or collectively, to promote and to strive for the protection and realization of
human rights and fundamental freedoms at the national and international levels.” Declaration on the Right and
Responsibility of Individuals, Groups and Institutions to promote and protect human rights and universally
recognized fundamental freedoms, A/RES/53/144, March 8, 1999, Article 1. See also United Nations, Basic
Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and
Treatment of Offenders, UN Doc No. A/CONF.144/28/REV.1, September 7, 1990, Articles 16 to 22, and the Council
of the European Union, Draft on conclusions of the Council on EU guidelines for human rights defenders,
100056/1/04 REV 1, June 9, 2004.
78
Cf. Case of Velázquez Rodríguez. Merits, supra, para. 129, and Case of Vélez Restrepo and relatives v.
Colombia, supra, para. 156.
79
In this regard, the State indicated that at the time of the events in this case, "[s]ome Venezuelan
landowners started hiring Colombian paramilitaries as hit men to murder peasant leaders who were enforcing the
Law on Land and Agricultural Development.” Observations presented by the State to the Commission, in a
communication dated January 21, 2008, supra. In its 2003 Report on Human Rights in Venezuela the Ombudsman
of Venezuela did not refer to attacks against specific people, but pointed out that [i]n the case of the deaths in
peasant areas, during 2003 a pattern emerged that had already come to light publicly the previous year, of attacks
targeting farm leaders, political activists, and human rights defenders using hired killers. Although the murders of
two human rights activists were particularly noteworthy during 2003, the most vulnerable sector remained the
peasants, whose leaders have been victims of attacks due to their efforts to organize and promote the right to
land. Cf. Bolivarian Republic of Venezuela, Ombudsman Report 2003: Human Rights in Venezuela, supra.
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