State if the indicated measures, beyond their having been "agreed upon," have been
effectively implemented.
22.
In this sense, the Tribunal considers that the information presented by the
Commission and the State demonstrates, prima facie, that the individuals indicated in
the request for provisional measures presented by the Commission (supra Having Seen
1) are facing a situation of extreme gravity and urgency, given that their personal
integrity and lives are threatened and at grave risk. Consequently, the Inter-American
Court finds the protection of those individuals through provisional measures to be
necessary in light of the provisions set forth in Article 62(3) of the American Convention
and 27 of the Rules of Procedure of the Tribunal.
23.
Based on this, the State must take the appropriate steps for the urgent
measures called for by this order to be planned and applied with the participation of the
beneficiaries of those measures or their representatives, such that the aforementioned
measures are provided in a diligent and effective manner. The Court highlights that the
positive participation of the State and, particularly, the beneficiaries is crucial for the
coordination and implementation of the provisional measures in this matter
24.
The State shall submit to the Court, within the time period established in the
operative paragraphs of this order, specific and detailed information on the provisional
measures implemented to the benefit of each of the beneficiaries in order for those
measures to be assessed by the Tribunal. Likewise, the State shall submit all the
documentation it considers pertinent in this regard.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by way of the authority conferred by Article 63(2) of the American Convention on
Human Rights and articles 27 and 31(2) of the Rules of Procedure of the Tribunal,
DECIDES TO:
1.
Require the State to adopt, immediately and definitively, the necessary and
effective measures to guarantee the life and personal integrity of Mr. José Luis
Galdámez Álvarez, as well as that of his companion, Wendy Orellana Molina, and his
children, Pedro Luis, José Luis, Marlon Josué, Ramón Israel, as well as that of his two
minor children, all with the surname Galdámez.
2.
Ask the State to submit an initial report on the measures that have been adopted
toward complying with this order by January 10, 2011, at the latest, and ask the the
representatives of the beneficiaries and the Inter-American Commission on Human
Rights to present their comments on this report within two and four weeks, respectively,
counting from the notification of the State reports.