7
representatives. In the instant matter, in accordance with the Order of August 5,
2008, it is the Court’s view that no information has been submitted that proves that
the situation of extreme gravity and urgency and the need to avoid irreparable
damage that existed back when the provisional measures were ordered for the
benefit of Mr. Carlos Nieto-Palma and Ms. Ivonne Palma-Sánchez still persist.
21.
That the Court notes that lifting such provisional measures does not mean
that the State has fully complied with the orders of the Court in connection
therewith.
22.
That, irrespective of the provisional measures ordered by the Court in this
matter, the State has an ongoing, permanent duty to comply with its general
obligations under Article 1(1) of the American Convention to respect the rights and
liberties therein recognized and to guarantee their free and full exercise to each and
every person under its jurisdiction.6 Moreover, it is worth noting that because this is
a matter regarding provisional measures, the Court must consider only and strictly
those arguments that directly relate to the extreme gravity and urgency and the
need to avoid irreparable damage to persons. Any other fact or argument can be
analyzed and adjudicated by the Court only at the merits stage of a contentious
case.7
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of the authority conferred upon it by Article 63(2) of the American
Convention on Human Rights and Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To rescind the provisional measures ordered by the Court in its Order of July
9, 2004, and consider such measures ended.
2.
To request the Court’s Secretariat to notify this Order to the State, the InterAmerican Commission on Human Rights and the beneficiaries or their
representatives.
3.
To close this file.
6
Cf. Case of Velásquez-Rodríguez. Provisional Measures regarding Honduras. Order of the Court of
January 15, 1988, third considering clause; Matter of “El Nacional” and “Así es la Noticia” newspapers,
supra note 1, thirty-ninth considering clause; and Matter of Leonel Rivero et al. Provisional Measures
regarding Mexico. Order of the Court of November 25, 2008, fourth considering clause.
7
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court
of August 29, 1998, sixth considering clause; Matter of the Capital El Rodeo I & El Rodeo II Judicial
Confinement Center, Provisional Measures regarding Venezuela. Order of the Court of February 8, 2008,
tenth considering clause; and Matter of "El Nacional" and "Así es la Noticia" newspapers, supra note 1,
twenty-fifth considering clause.