10
consideration of the merits of a contentious case.15 In this sense, the adoption of
provisional measures does not imply a possible decision on the merits of the
controversy that exists between the petitioners and the State if the case were to, in
the end, be heard by the Court, nor does it prejudge the state’s responsibility for the
facts denounced.16
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred upon it by Article 63(2) of the American
Convention on Human Rights and Articles 27 and 31 of the Rules of Procedure of the
Court,
DECIDES:
1.
To require the State to adopt, immediately, the measures necessary to
determine, as soon as possible, the whereabouts of Rocío Irene Alvarado Reyes, Nitza
Paola Alvarado Espinoza, and José Ángel Alvarado Herrera, as well as to protect their
personal freedom, their right to humane treatment, and their life.
2.
To require the State to inform the Inter-American Court of Human Rights, no
later than June 3, 2010, of that indicated in the first operative paragraph of the
present Order.
3.
To require the State, likewise, to inform the Inter-American Court of Human
Rights, every two months, computed as of June 3, 2010, of the provisional measures
adopted pursuant with the decision.
4.
To request that the representatives of the beneficiaries and the Inter-American
Commission present to the Inter-American Court of Human Rights, within a one-week
term, the observations considered appropriate to the report mentioned in the second
operative paragraph of the present Order.
5.
To request that the representatives of the beneficiaries and the Inter-American
Commission on Human Rights present their observations, within a four and six week
term, respectively, computed as of the notification of the State’s reports indicated in
the third operative paragraph.
6.
To request that the Secretariat notify the present Order to the State, the InterAmerican Commission on Human Rights, and the representatives of the beneficiaries.
Diego García-Sayán
President
15
Cf. Matter
American Court of
Cantú et al., supra
Considering Clause
of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterHuman Rights of August 29, 1998, Considering Clause number six; Case of Rosendo
note 5, Considering Clause number fifteen; and Matter of Guerrero Larez, supra note 6,
number seventeen.
16
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the
President of the Inter-American Court of Human Rights of July 13, 1998, Considering Clause number six;
Case of Rosendo Cantú et al., supra note 5, Considering Clause number sixteen; and Matter of the Urso
Branco Prison. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights of
November 25, 2009, Considering Clause number four.