2011 and 2012. He stated that, in 2012, the threats alluded to his wife’s situation of
vulnerability (supra considering paragraph 14). However, the Court observes that, in the
information provided by Mr. Méndez concerning incidents association with a situation of
extreme gravity and urgency in 2012, there are no details regarding the circumstances of
time, means and place that would allow the Court to reach a conclusion on the requirement
of extreme gravity in order to maintain the provisional measures. In particular, no
explanation was provided as to the exact nature of the threats received, in what way his
wife’s vulnerability was referred to, or other more precise information that would permit a
more thorough analysis of the situation of his family group.
29.
Regarding the Carpio Arrivillaga family, the Court observes that, since the issue of
the Court’s last order, no incident has been recorded that would jeopardize the personal
integrity or life of the beneficiaries.
30.
However, the Court reiterates13 that a supposed lack of investigation by the State
does not necessarily constitute a circumstance of extreme gravity and urgency that
warrants maintaining the provisional measures. In addition, at times, the obligation to
investigate may continue over a considerable period of time, during which the threat or risk
does not necessarily remain extreme and urgent. This Court has also indicated that the
analysis of the effectiveness of the investigations and proceedings concerning the events
that gave rise to the provisional measures corresponds to the examination of the merits of
the case.14 In brief, non-compliance with the obligation to investigate is not per se a
sufficient reason to maintain the provisional measures.
31.
In addition, the Court observes that, in recent years, it has not received consistent,
detailed and well-founded information on specific situations of risk to the beneficiaries, and
it considers that the hypothetical risk of threats against them owing to their participation in
the domestic criminal proceedings, together with the failure to clarify the events that gave
rise to the adoption of the provisional measures in the instant case is insufficient to
conclude that a situation of extreme gravity and urgency persists that could result in
irreparable damage to the beneficiaries.
32.
Based on all the above, as well as the fact that these provisional measures have
been in force for 17 years, the Court considers it pertinent to lift the provisional measures
granted in favor of the beneficiaries, taking into account that the Court has not been
informed of any specific and clear elements relating to them that could be linked to the
requirements for their continuation.
33.
Regarding the obligation to investigate the denounced facts that resulted in these
measures, Article 1(1) of the American Convention establishes the general obligation of the
States Parties to respect the rights and freedoms recognized therein and to ensure to all
13
Cf. Case of Carpio Nicolle et al. Provisional measures with regard to Guatemala. Order of the InterAmerican Court of Human Rights of July 6, 2009, twenty-fourth considering paragraph; Case of the Plan de
Sánchez Massacre. Provisional measures with regard to Guatemala. Order of the Inter-American Court of Human
Rights of July 8, 2009, sixteenth considering paragraph, and Case of Caballero Delgado and Santana. Provisional
measures with regard to Colombia. Order of the Inter-American Court of Human Rights of February 25, 2011,
twenty-second considering paragraph.
14
Cf. Matter of Pilar Noriega García et al. Provisional measures with regard to Mexico. Order of the InterAmerican Court of Human Rights of February 6, 2008, fourteenth considering paragraph; Matter of the Peace
Community of San José de Apartadó. Provisional measures with regard to the Republic of Colombia. Order of the
Inter-American Court of Human Rights of August 30, 2010, twenty-ninth considering paragraph, and Case of
Caballero Delgado and Santana. Provisional measures with regard to Colombia. Order of the Inter-American Court
of Human Rights of February 25, 2011, twenty-second considering paragraph.
11