D. Obligation to evaluate the mechanisms of protection in coordination with the
beneficiaries and their representatives (sixth operative paragraph of the Orders of
February 6, 2008, and November 25, 2011)
31.
In Orders of February 6, 2008, and November 25, 2011, the State was required, “in
coordination with the representatives, to evaluate the appropriate mechanisms for the effective
protection of the rights to life and integrity of the beneficiaries […].”23 Despite the lifting of the
provisional measures required in this Order (supra considering paragraphs 12 and 17), the Court
considers it pertinent to emphasize that neither the parties nor the Inter-American Commission
referred to this point in their briefs.
32.
Given that, in this matter, measures of protection are ordered for Guillermo Flores and
Alba Rosana Vera González, the State must take all pertinent measures to ensure that the
measures of protection are planned and implemented with the participation of the beneficiaries of
the measures or their representatives, so that the said measures are provided diligently and
effectively, and must keep them informed about any progress in their execution. 24 Hence, the
Court reiterates that this coordination is essential for the effective implementation of these
measures. Accordingly, the parties and the Inter-American Commission, above all the
representatives and the State, must provide the Court with prompt and detailed information on
this point. In addition, they must forward the Court evidence that allows it to verify whether they
have coordinated, for example by possible meetings between the representatives and the State
or in any other way that the two parties consider pertinent, to ensure that the State can comply
with this requirement.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority under Article 63(2) of the American Convention on Human Rights and
Article 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures in favor if María Leontina Millacura Llaipén, Marcos Torres,
Valeria Torres, Ivana Torres, Romina Torres, Evelyn Paola Caba, Miguel Ángel Sánchez and
Tamara Bolívar, in accordance with considering paragraphs 6 to 19 of this Order.
2.
To reject the request to expand these provisional measures to Luis Alberto Bolívar, in
accordance with considering paragraphs 20 to 22 of this Order.
3.
That the Argentine Republic must adopt all necessary measures to protect the right to life
and personal integrity of Guillermo Flores and Alba Rosana Vera González, in accordance with
considering paragraphs 23 to 30 of this Order.
23
Cf. Matter of Millacura Llaipén et al. Provisional measures with regard to Argentina. Order of the Inter-American
Court of Human Rights of November 25, 2011, thirty-fifth considering paragraph.
24
Cf. Matter of Alvarado Reyes. Provisional measures with regard to Mexico. Order of the Inter-American Court of
Human Rights of November 23, de 2012, third operative paragraph, and Case of Fernández Ortega et al. Provisional
measures with regard to Mexico. Order of the Inter-American Court of Human Rights of February 20, 2012, third
operative paragraph.
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