7
10.
To effectively ensure the rights set forth in the American Convention, the
State Party has the erga omnes obligation to protect all persons under its
jurisdiction. This means, as the Court has stated, that said general obligation
applies not only with respect to the power of the State, but also with respect to
This Court notes that, given the special
actions by private third parties.2
circumstances of the instant case, there is a need to protect, through provisional
measures, the life, right to humane treatment, and personal liberty of Salvador
Jerónimo Sánchez, Prudencia Cajbon, Faustina Tojom, Juan Manuel Jerónimo, and
Buenaventura Manuel Jerónimo, in light of the provisions of the American
Convention.
11.
It is appropriate to recall that the Court has established that
[t]he right to life is a fundamental human right, the enjoyment of which is a prerequisite
for enjoyment of all the other human rights. It is not respected, all the other rights are
meaningless. In view of the fundamental nature of the right to life, approaches that
restrict it are inadmissible. Essentially, the right to life encompasses not only the right
of every human being not to be arbitrarily deprived of life, but also the right not to be
denied access to conditions that ensure a decent existence. The States have the
obligation to ensure the establishment of the conditions required to avoid violations of
this basic right, and specifically the duty to ensure that its agents do not abridge it.3
12.
Adoption of provisional measures of protection by the Court in favor of
Salvador Jerónimo Sánchez, Prudencia Cajbon, Faustina Tojom, Juan Manuel
Jerónimo, and Buenaventura Manuel Jerónimo, does not involve a decision on
reparations in the case of the Plan de Sánchez Massacre, which is being heard by the
Inter-American Court against Guatemala. In adopting provisional measures, this
Court is merely ensuring that the Court can fully exercise its mandate according to
the Convention in cases in which there is a situation of extreme gravity and urgency
and special protection measures are necessary to avoid irreparable damage to
individuals.
13.
The State also has the obligation to investigate the facts that gave rise to this
request for provisional measures, with the aim of identifying those responsible and
punishing them as appropriate.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
by virtue of the authority granted to it by Article 63(2) of the American Convention
on Human Rights and Articles 29 and 25 of the Rules of Procedure,
2
See, inter alia, Matter of the “Globovisión” television station. August 3, 2004 Order of the
President, Whereas eleven; Case of the Plan de Sánchez Massacre. July 30, 2004 Order of the President,
Whereas ten; and Matter of Luisiana Ríos et al.. July 27, 2004 Order of the President, Whereas twelve.
3
See inter alia, Matter of Carpio-Nicolle et al.. Provisional Measures. July 8, 2004 Order of the
Inter-American Court of Human Rights, Whereas nineteen; Matter of the Pueblo indígena de Sarayaku.
Provisional Measures. July 6, 2004 Order of the Inter-American Court of Human Rights, Whereas eleven;
and Matter of the Pueblo indígena de Kankuamo. Provisional Measures. July 5, 2004 Order of the InterAmerican Court of Human Rights, Whereas twelve.