3
"[i]n each case the petitioner made a prima facie case alleging that the State
violated one or more articles of the American Convention to the detriment of the
defendant."
5.
That the Cases included in the Request have not yet been submitted to the
Court and the consideration of the issues at hand is, therefore, based not upon the
merits of said Cases but upon the State’s procedural obligations as a Party to the
American Convention.
6.
That States Parties must respect the provisions of the American Convention in
good faith (pacta sunt servanda), including those that facilitate proceedings before
the protective bodies of the Inter-American system and ensure the fulfillment of the
goals of those provisions. In view of this, and of the Convention’s fundamental
objective of guaranteeing the effective protection of human rights (Articles 51 and
63(2)), States Parties must not take any action that will frustrate the restitutio in
integrum of the rights of the alleged victims.
7.
That Article 29 of the American Convention provides that:
[n]o provision of this Convention shall be interpreted as:
a.
permitting any State Party, group, or person to suppress the enjoyment or
exercise of the rights and freedoms recognized in this Convention or to restrict them to a
greater extent than is provided for herein.
8.
That, should the State execute the alleged victims, it would create an
irremediable situation and this conduct would be incompatible with the object and
purpose of the Convention by disavowing the authority of the Commission and
adversely affecting the very essence of the Inter-American system.
9.
That the information presented by the Commission and the State allows the
Court to conclude that a situation of "extreme gravity and urgency" exists, and it
becomes imperative to order the State to adopt, without delay, the provisional
measures necessary to preserve the life and physical integrity of the alleged victims,
and to inform the Court about these measures no later than June 30, 1998.
10.
That it is convenient to hear the arguments of the State and the Commission
with regard to this matter in a public hearing.
NOW THEREFORE
THE INTER-AMERICAN COURT
OF HUMAN RIGHTS
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of the Rules of Procedure,
RESOLVES: