7. - To annul the provisional measures ordered in this case, without detriment to
which the State must comply with the general and permanent obligation to
protect the beneficiaries of the proceedings as well as the obligation to guarantee
their enjoyment of the rights violated and to prevent irreparable damage caused
by said violations, all this under the terms of paragraph * of this Judgment.”
4.- In relation to the aforementioned proposals, it is useful to recall that the Judgment
delivered in the Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, (Merits
and Reparations), of June 27, 2012, stated:
“G. Provisional measures
340. Provisional measures were ordered from the time this case was under
consideration by the Inter-American Commission (supra para. 5), for the purpose
of protecting the lives and integrity of the members of the Sarayaku Community
through a series of actions to be implemented by the State. The protection
ordered was intended to prevent, inter alia, the thwarting of potential reparations
that the Court might order in its favor. For the purpose of assessing the
information contained in the provisional measures file (supra para. 48), unlike in
most other cases, the particular group of beneficiaries of such measures of
protection are identical to the beneficiaries of the measures of reparations
ordered in this Judgment on merits and reparations. In other words, the duty to
protect the rights to life and personal integrity of the members of the Sarayaku
People, initially set out in the orders for provisional measures, are, hereafter,
covered by the reparations ordered in this Judgment, which must be complied
with from the moment the State receives legal notice thereof. Thus, given the
special nature of the present case, the State’s obligations within the provisional
measures framework, are replaced by the measures ordered in this Judgment
and, therefore, their implementation and enforcement shall be subject to the
monitoring of compliance with the Judgment instead of the provisional
measures.4 Consequently, the provisional measures no longer have any effect.”
5. - And, therefore, said Ruling ordered in one of its operative paragraphs, that:
“10.
The provisional measures ordered in this case have been annulled under
the terms of paragraph 340 of the Judgment.”
6. – As can be ascertained, the proposals formulated in this case are quite similar to
decision taken by the Court just two months ago in the Case of the Kichwa Indigenous
People of Sarayaku V. Ecuador.
7. - The Court’s decision on this occasion obliges me to reiterate my position regarding
the adoption of provisional measures5, given that, having issued the Judgment on
4
In similar vein, Cf. Case of Fermín Ramírez v. Guatemala. Merits, Reparations and Costs. Judgment of
June 20, 2005. Series C N. 126, operative paragraph 14. See also relevant decisions in the cases of Raxcacó
Reyes v. Guatemala. Merits, Reparations and Costs. Judgment of September 15, 2005. Series C No. 133,
operative paragraph 15. In addition, see Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua.
Provisional Measures. Order of the Inter-American Court of November 26, 2007, considering paragraphs 10
and 11; and Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Monitoring Compliance with
Judgment. Order of the Court of February 2, 2007, considering paragraphs 8 to 21.
5
This position was expressed both in the Dissenting Opinions issued on July 15, 2011 regarding the Orders
of the Court related to the “Provisional Measures regarding the Republic of Colombia, Case of Gutiérrez Soler
V. Colombia,” June 30, 2011, the “Provisional Measures regarding the United Mexican States, the Case of
2
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