10
*
*
*
31.
That regardless of the existence of the provisional measures Ordered by the
Court in the instant case, the State has the constant and permanent duty to comply
with the general obligations set forth in Article 1(1) of the Convention to respect the
rights and freedoms recognized therein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms.14
Therefore,
The Inter-American Court of Human Rights,
exercising its power conferred in Article 63(2) of the American Convention on Human
Rights, and Article 26 and 30 of its Rules of Procedure,
Decides:
1.
To rescind the provisional measures in favor of beneficiaries Jorge Guillermo
Lemus-Alvarado and his next of kin, and in favor of Luis Roberto Romero-Rivera, in
accordance with Considering Clauses 21 to 24, and 28 to 29, and 30, and 31 hereof.
2.
To request the State to maintain the measures which have been adopted and
to adopt all the measures necessary to protect the right to life and physical integrity
of Helen Mack-Chang and her next of kin, Zoila Esperanza Chang-Lau (mother),
Marco Antonio Mack-Chang (brother), Freddy Mack-Chang (brother), Vivian MackChang (sister), Ronald Chang-Apuy (cousin), Lucrecia Hernández-Mack (daughter)
and her children, and of the members of the Myrna Mack-Chang Foundation.
3.
To request the State to effect the implementation of the provisional measures
in mutual agreement with the beneficiaries thereof or their representatives for the
effective protection of their rights.
4.
To repeat the State to continue to provide information to the Inter-American
Court of Human Rights every two months on the provisional measures adopted, and
to request the beneficiaries of those measures or their representative to submit their
observations within the term of four weeks from the notice of the reports of the
State, and to request the Inter-American Commission on Human Rights to submit its
observations to the above mentioned reports of the State within the term of six
weeks from the reception thereof.
5.
To request the Court Secretariat to serve notice of this Order upon the State,
the Inter-American Commission on Human Rights and the representatives.
14
Cf. Case of Velásquez-Rodríguez. Provisional Measures regarding Honduras. Order of the Court of January
15, 1988, third considering clause; Case of Newspapers “El Nacional” and “Así es la Noticia”, supra note 1, thirtyninth considering clause; and Case of Leonel-Rivero et al., supra note 4, fourth considering clause.