28.
Consequently, taking into account the State’s request to lift the provisional
measures along with the information presented by the representatives and the
Commission, the Inter-American Court finds that the requirements of extreme
gravity, urgency and need to prevent irreparable harm to the integrity and life of the
beneficiaries has ceased to exist. It therefore moves to lift these provisional
measures.
29.
Without prejudice to this, the Court recalls that Article 1(1) of the Convention
establishes the general obligations of the States Parties to respect the rights and
freedoms enshrined therein and to ensure their free and full exercise to all persons
subject to their jurisdiction. Consequently, regardless of the existence of specific
provisional measures, the State is especially obliged to ensure the rights of persons
in a situation of risk and must promote the necessary investigations to clarify the
facts and, as appropriate, punish those responsible.12
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred by Article 63(2) of the American Convention on
Human Rights and Articles 27 and 31 of its Rules of Procedure,13
DECIDES TO:
1.
Lift the provisional measures ordered by the Inter-American Court on
September 21, 2005, February 7 and July 4, 2006, May 17, 2007, and February 3,
2010, to the benefit of Luis Alberto Ramírez Hinostroza, his wife Susana Silvia Rivera
Prado, and his three daughters - Yolanda Susana Ramírez Rivera, Karen Rose
Ramírez Rivera and Lucero Consuelo Ramírez Rivera - as well as of Raúl Ángel
Ramos De la Torre and César Manuel Saldaña Ramírez.
2.
Clarify that under Article 1(1) of the American Convention, the lifting of the
provisional measures does not imply that the State is relieved of its obligations under
the Convention to protect.
3.
Ask the Secretariat of the Court to notify the Inter-American Commission on
Human Rights, the representatives of the beneficiaries, and the State of Peru of this
Order.
4.
Close the case file.
12
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the InterAmerican Court of Human Rights of January 15, 1988, Considering 3, and Case of Rosendo Cantú et al.
Provisional Measures regarding Mexico. Order of the Court of July 1, 2011, Considering 32.
13
Rules of Procedure approved by the Court in the LXXXV Regular Session held from November 1628, 2009.
9