9
14.
The September 26, 2003 Order of the President of the Court (supra Having
Seen 18) was in accordance with the merits of the facts and circumstances and in
accordance with the law, all of which justified adopting urgent measures.
15.
The State has failed to submit, up to date, the urgent report required by the
September 26, 2003 Order of the President on the adopted measures to ensure
effectively the life and personal integrity of next of kin of Otoniel de la Roca
Mendoza.
16.
The provisional measures in favor of the persons indicated in the Orders of
the Court on August 29, 1998, September 5, 2001, and February 21, 2003 (supra
Having Seen 3, 10 y 15) are in force.
17.
At the same time, the States Party shall comply with their conventional
obligations, such as the duty to inform to the Court, in good faith (pacta sunt
servanda) as stipulated by Article 26 of the Vienna Convention on the Law of
Treaties, which codifies a basic principle of the general international law.
18.
The Court points out that the State has the obligation of investigating the
facts leading to the adoption of provisional measures in favor of the beneficiaries of
said measures, since the State has the obligation of fighting impunity with the
available legal means because this contributes to a chronic repetition of violations of
human rights and a total defenselessness of the victims and their next of kin5.
19.
Both the Commission and the State should submit their reports and
observations on provisional or urgent measures within the deadline stipulated by the
Court or the President.
20.
The failure of the State to inform the Court is especially serious given the
juridical nature of the urgent and provisional measures seeking the prevention of
irreparable damage to the persons in question in a situation of extreme gravity and
urgency.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of the powers conferred on it by Article 63(2) of the American Convention
on Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To ratify in all its clauses the Order of the President of the Inter-American
Court of Human Rights of September 26, 2003.
and sixth; Giraldo Cardona Case. Provisional Measures. February 5, 1997 Order of the Court. Series E No.
2, Considering fifth; Giraldo Cardona Case. Provisional Measures. October 28, 1996 Order of the President
of the Court. Series E No. 2, operative paragraph second; and Case Colotenango. Provisional Measures.
June 22, 1994 Order of the Court. Series E No. 1, operative paragraph second.
5
Cfr. Bulacio Case. September 18, 2003 Judgment. Series C No. 100, para. 120; Juan Humberto
Sánchez Case. June 7, 2003 Judgment. Series C No. 99, para. 143 and 185; and Las Palmeras Reparations
Case. (Art. 63(1) American Convention on Human Rights). November 26, 2002 Judgment. Series C No. 96,
para. 53. a).
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