28.
Notwithstanding its decision, this Court recalls that the States have the permanent
and constant duty to comply with their general obligations under Article 1.1 of the
Convention, that is, to respect the rights and freedoms recognized therein and to ensure
their free and full exercise to all persons subject to their jurisdiction.10 Consequently,
regardless of the existence of specific provisional measures, the State has a special
obligation to guarantee the rights of persons in situations of risk and is required to
undertake the necessary investigations to shed light on the facts and, if applicable, punish
those responsible.11
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In exercise of its authority under Articles 63.2 of the American Convention on Human Rights
and 27 of its Rules of Procedure,
DECIDES:
1.
To reject the request for provisional measures submitted by the Inter-American
Commission on Human Rights in favor of Margarita Martínez Martínez, Adolfo Guzman
Ordaz, and the children Ada Saraí Martínez Martínez and Eduardo Abel León Martínez.
2.
To set aside the case file related to the request for provisional measures of
November 23, 2011, submitted by the Inter-American Commission on Human Rights.
3.
To require the Secretariat to notify this Order to the Inter-American Commission on
Human Rights and the State.
Diego García-Sayán
President
10
Cf. Case of Velásquez Rodríguez. Provisional Measures Regarding Honduras. Order of the Inter-American
Court of January 15, 1988; Considering paragraph 3, and Case of de La Cruz Flores v. Peru, supra note 1,
Considering paragraph 30.
11
Cf. Case of Velásquez Rodríguez, supra note 10, Considering paragraph 3, and Matter of Guerrero Galluci.
Provisional Measures regarding Venezuela. Order of the Inter-American Court of November 21, 2011, Considering
paragraph 8.
16