-7representatives, by properly trained and qualified personnel not belonging to the
security bodies that have been denounced by the beneficiary.
13.
That the background information furnished by the Commission and the
information submitted by the State regarding the facts involving Ms. GuerreroGallucci and Mr. Martínez-Barrios prove, prima facie, that there exists a situation of
extreme gravity and urgency as regards their rights to life and personal integrity.
The standard of prima facie appreciation of a case and the application of
presumptions in light of the need for protection have led the Court to order
provisional measures on several occasions. Consequently, this Tribunal deems it
necessary to protect the aforementioned persons with provisional measures,
pursuant to the provisions of the American Convention.
14.
That the adoption of provisional measures does not imply a decision on the
merits of the dispute between the petitioners and the State. By adopting provisional
measures, the Court is only exercising its mandate under the Convention, in cases of
extreme gravity and urgency that require measures of protection to avoid irreparable
damage to persons.4
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority conferred on 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 call upon the State to adopt, forthwith, such provisional measures as may
be necessary to protect the rights to life and personal integrity of Ms. María del
Rosario Guerrero-Gallucci and Mr. Adolfo Segundo Martínez-Barrios, taking into
account the gravity of the situation and the special risk conditions.
2.
To call upon the State to investigate the facts that prompted the adoption of
these provisional measures and, if appropriate, to identify those responsible and
impose on them the corresponding punishment.
3.
To call upon the State to perform all relevant actions so that the measures of
protection ordered herein are planned and implemented with the participation of the
beneficiaries thereof or their representatives, in such a manner that said measures
are executed diligently and effectively by properly trained and qualified personnel not
belonging to the security bodies that have been denounced by the beneficiary.
Additionally, the State must keep the beneficiaries informed of any progress made in
the implementation of the aforementioned measures.
4
Cf. Matter of the Forensic Anthropology Foundation, supra note 1, Considering clause No. 5;
Matter of the Mendoza Prisons, supra note 3, Considering clause No. 4, and Matter of Yare I and Yare II
Capital Region Penitentiary Center (Yare Prison), supra note 3, Considering clause No. 5.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents