4
b.
[a]dopt the measures necessary to enable him to carry on [...] his work of
defending human rights [; and]
c.
[r]eport the measures taken to identify the source of the threats on the life and
the integrity of person of Carlos Nieto Palma and his family, threats that justify
invocation of Article 63(2) of the Convention.
CONSIDERING:
1.
That the State ratified the American Convention on August 9, 1977 and,
pursuant to Article 62 thereof, recognized the Court’s contentious jurisdiction on
June 24, 1981.
2.
That article 63(2) of the American Convention provides that “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in
matters it has under consideration. With respect to a case not yet submitted to the
Court, it may act at the request of the Commission.”
3.
That article 25(1) of the Court’s Rules of Procedure provides that “[a]t any
stage of the proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, at the request of
a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.”
4.
That article 1(1) of the Convention establishes the duty of States parties to
respect the rights and freedoms recognized therein and to ensure their free and full
exercise to all persons subject to their jurisdiction.
5.
That the purpose of provisional measures in domestic legal systems
(domestic procedural law) in general, is to preserve the rights of the parties to a
dispute, thereby ensuring that execution of the judgment on the merits is not
obstructed or otherwise prejudiced by their actions pendente lite.
6.
That under the International Law of Human Rights, urgent and provisional
measures serve a further purpose, which is to protect fundamental human rights,
thereby avoiding irreparable harm to persons.
7.
That the information presented by the Commission in this case reveals, prima
facie, a threat to the life, integrity of person, and personal liberty of human rights
defender Carlos Nieto Palma, and a threat to the life and integrity of person of his
family, particularly his nephew John Carmelo Laicono Nieto (supra ‘Having Seen’ 2
and 3). On a number of occasions, when protective measures were called for, this
Court has ordered provisional measures applying the standard of prima facie
assessment of a case and on the basis of presumptive evidence.1
8.
That states must grant effective and adequate guarantees to human rights
defenders so that they are able to freely engage in their activities; particular
attention should be paid to any actions that constrain or obstruct their work.2
1
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’ seven;
Case of the Indigenous
Community of Sarayaku. Order of the Inter-American Court of Human Rights of July 6, 2004, ‘Considering’
seven; and Case of Kankuamo Indigenous People. Order of the Inter-American Court of Human Rights of
July 5, 2004, ‘Considering’ seven.
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