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.