3 to their next of kin, constitute the central part of the present case and potential content of the reparations that eventually Orders the Court. In this manner, any event that obstructs or stops its future fulfillment is a threat to the effective compliance of the Judgment; b) the investigation of the Brazilian Army that may result in evidence on the judicial responsibility of the members of said institution, is strongly incompatible with the requierement of “investigation ex officio, with no delay, serious, impartial and effective.” In consequence, the application of the Order 567/MD constitutes also a imminent threat to the effective compliance of the possible judgment on Merits, a possible oversteping of the procedural guarantees that have to be followed in all legal investigations, and a serious risk to the effective instruction of the judicial process against the alleged responsible of the perpetrated violations, endangering the integrity and conservation of extremely important probatory elements and, therefore, the protection of the rights of the victims and their next of kin, and c) in summary, the request for provisional measures in based on: i) fear that the Army, which controls the Work Group in charge of locating and identifying the mortal remains, may hide or destroy essential evidence for the investigation and punishment of the responsible of the alleged violations in the case before the Court; ii) the impossibility that the mortal remains of the victim will be delivered to their next of kin; iii) fear that procedural guarantees and access to justice, that must be present in all judicial investigations, will be violated; and iv) the impossibility of the effective compliance with the reparations that the Court may Order when rendering the judgment on the case. 4. The request of the representatives, for the Court, according to Article 63(2) of the American Convention, to require the State: a) to adopt without delay the necessary measures to suspend the execution of the Order 567/MD of April 29, 2009, with the activities of the Work Group set therein, and b) to report about the actions taken with this purpose. 5. The brief of June 29, 2009, through which the Secretariat of the InterAmerican Court (hereinafter “the Secretariat”), following instructions of the Court, according to Article 26(5) of the Rules of Procedure, requested Brazil and the InterAmerican Commission of Human Rights (hereinafter “the Inter-American Commission” or “The Commission”) to submit, no later than July 3, 2009, the observations that they consider pertinent in regard to the request of provisional measures. 6. The brief of July 2, 2009, through which the Inter-American Commission presented their observation to the brief of the representatives. 7. The brief of July 2, 2009, through which the State request to the Court an extension up until July 7, 2009 to present the requested observations. (supra Having Seen 5). 8. The brief of July 3, 2009, through which the Secretariat, following instructions of the Court, granted the State the request extension.

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