8
the Work Group when excavating, locating and identifying the mortal remains. Finally,
the Court was informed that the excavation will begin in August.
13.
That with regards to the above, the Court understands and assumes that the
excavation and exhumation of the bodies will begin once the Inter-Institutional
Supervision Commitee of the Work Group is conformed and functioning, particularly
regarding to the supervision during the excavations and, eventually, in the
identification of the bodies.
14.
That at this moment, considering the elements abovementioned, the Court
considers that the requisites of extreme gravity and urgency, and avoidance of
irreparable that will justify the adoption of provisional measures requested in this
case, do not exist.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its attributions set forth in Article 63(2) of the American Convention on
Human Rights and the Articles 26 and 30 of the Rules of Procedure of the Court,4
DECIDES:
1.
To desestimate the request for provisional measures presented by the
representatives of the alleged victims of the Matter of Gomes Lund et al. (Guerrilha
do Araguaia).
2.
To request to the Secretariat of the Court to notify this Order to the State, the
Inter-American Commission of Human Rights, and the representatives of the alleged
victims.
Done in Spanish, Portuguese and English, the Spanish text being authentic, in La Paz,
Bolivia, on July 15, 2009.
Diego García-Sayán
President in exercise
4
Rules of Procedure approved by the Court in its XLIX Ordinary Periodo of Sessions, celebrated on
November 16 to 25, 2000, and partially reformed during the LXXXII Ordinary Period of Sessions, celebrated
on January 19 to 30, 2009, in conformity with Articles 71 and 72 thereof.