9
only with respect to the power of the State but also with respect to actions by third
parties, including groups of armed irregulars of any kind.3 The Court observes that
given the characteristics of the instant case, provisional measures are needed to
protect all members of the Kichwa indigenous community of Sarayaku, in accordance
with the provisions of the American Convention.
11.
In this regard, the Court has held that:
[t]he right to life is a fundamental human right, and the exercise of this right is essential
for the exercise of all other human rights. If it is not respected, all rights lack meaning.
Owing to the fundamental nature of the right to life, restrictive approaches to it are
inadmissible. In essence, the fundamental right to life includes not only the right of
every human being not to be deprived of his life arbitrarily, but also the right that he will
not be prevented from having access to the conditions that guarantee a dignified
existence. States have the obligation to guarantee the creation of the conditions
required in order that violations of this basic right do not occur and, in particular, the
duty to prevent its agents from violating it.4
12.
The case to which the Commission’s request refers is not now pending with
the Court for a decision on the merits; therefore, adoption of provisional measures
does not imply a decision on the merits of the dispute between the petitioners and
the State.5 In adopting provisional measures, the Court is merely guaranteeing that
it is able to faithfully discharge its mandate under the Convention for cases of
extreme gravity and urgency that require measures of protection to avoid irreparable
harm to persons.
13.
As of the date of issuance of the present Order, July 6, 2004, the State has
still not submitted its comments in response to the Secretariat’s note of June 28,
2004 (supra ‘Having Seen’ 4, 5 and 6).
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authorities under Article 63(2) of the American Convention on
Human Rights and Article 25 of the Court’s Rules of Procedure,
DECIDES:
3
Cf. Matter of The Communities Jiguamiandó and Curbaradó. Provisional Measures. Order of the
Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ eleven, and Matter of the Peace
Community of San José de Apartadó. Provisional Measures. Order of the Inter-American Court of Human
Rights of June 18, 2002, ‘Considering’ eleven.
4
Cf. Case of the “Street Children” (Villagrán-Morales et al.).
Series C No. 63, para. 144.
Judgment of November 19, 1999.
5
Cf., inter alia, Case of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of
Human Rights of December 2, 2003, ‘Considering’ eight; Case of Lysias Fleury. Provisional Measures.
Order of the Inter-American Court of Human Rights of June 7, 2003, ‘Considering’ ten; Matter of The
Communities Jiguamiandó and Curbaradó. Provisional Measures. Order of the Inter-American Court of
Human Rights of March 6, 2003, ‘Considering’ twelve; and Matter of the Urso Branco Prison. Provisional
Measures. Order of the Inter-American Court of Human Rights of June 18, 2002, ‘Considering’ ten.
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