5 9. That to effectively ensure the rights recognized in the American Convention, the State Party has an obligation, erga omnes, to protect all persons subject to its jurisdiction. As this Court has previously held, this means that this general obligation applies not only with respect to the power of the State but also with respect to actions by third parties.3 The Court observes that given the characteristics of the instant case, provisional measures are needed to protect Mr. Carlos Nieto Palma, his family, and particularly his nephew John Carmelo Laicono Nieto, based on the provisions of the American Convention. 10. That the case to which the Commission’s request refers is not now pending with the Court for a decision on the merits; therefore, adoption of provisional measures does not imply a decision on the merits of the dispute between the petitioners and the State.4 In adopting provisional measures, the Court is merely guaranteeing that it is able to faithfully execute its mandate under the Convention for cases of extreme gravity and urgency that require measures of protection to avoid irreparable harm to persons. 11. That the State has an obligation to investigate the facts that gave rise to this request for provisional measures, in order to identify those responsible and punish them accordingly. THEREFORE, THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in exercise of its authority under Article 63(2) of the American Convention on Human Rights and Article 25 of its own Rules of Procedure, RESOLVES: 1. To call upon the State to adopt forthwith the measures necessary to safeguard and protect the life, integrity of person and personal liberty of Mr. Carlos Nieto Palma, and the life and integrity of person of his family, especially that of his nephew John Carmelo Laicono Nieto. 2 Cf. Case of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of Human Rights of December 2, 2003, ‘considering’ ten; Resolution 1842 (XXXII-O/02) of the General Assembly of the Organization of American States; Resolution 1818 (XXXI-O/01) of the General Assembly of the Organization of American States, and the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, G.A. Res. 53/144. 3 Cf., inter alia, The Case of the “El Nacional” and “Así es la Noticia” Newspapers. Order of the Inter-American Court of Human Rights of July 6, 2004, ‘Considering’ twelve; Case of the Indigenous Community of Sarayaku. Order of the Inter-American Court of Human Rights of July 6, 2004, ‘Considering’ ten; and Case of Kankuamo Indigenous People. Order of the Inter-American Court of Human Rights of July 5, 2004, ‘Considering’ eleven. 4 Cf., inter alia, The Case of the “El Nacional” and “Así es la Noticia” Newspapers. Order of the Inter-American Court of Human Rights of July 6, 2004, ‘Considering’ thirteen; Case of the Indigenous Community of Sarayaku. Order of the Inter-American Court of Human Rights of July 6, 2004, ‘Considering’ twelve, and Case of Kankuamo Indigenous People. Order of the Inter-American Court of Human Rights of July 5, 2004, ‘Considering’ thirteen.