maternal grandparents,” and that this has not “yet been […] regulated […].” They added
that “it is important to highlight that the provisional measure has not yet been met, since
the schedule has not been made effective between child L.M. and his [biological] parents.”
With regard to the judicial resolution of August 31, 2011, they considered that “the
measure ordered by the judge has led to weekly encounters between child L.M. and his
maternal grandparents, without mention of the possibility of expanding the visits to the
parents, which thereby does not satisfy compliance with the provisional measure.”
Moreover, the representatives considered that, in general terms, there has not been
effective compliance with that ordered by the Court and they have requested the Court to
summon the parties to a hearing.
7.
The President values the measures to implement the measures ordered in favor of
child L.M. carried out by the domestic authorities, but also notes that the information that
the State has provided is incomplete.
8.
Moreover, the President states that encounters have taken place between child L.M.
and his maternal grandparents as of September 27, 2011. While the State has expressed
that it is complying with the provisional measure ordered, the Commission and the
representatives have expressed that child L.M. has not yet had contact with his biological
parents, and there is no clarity with respect to the modality of the measures regarding
visitation.
9.
It is important to recall what the Court stated in the mentioned order, that “in view
of the importance of the interests at stake, the right to physical integrity, the right to
identity, and the right to the protection of the family, the administrative and judicial
proceedings relating to the protection of the human rights of the child, particularly those
judicial proceedings concerning the adoption, guardianship and custody of boys and girls in
early childhood, must be handled by the authorities with exceptional diligence and celerity.”4
10.
The President deems it necessary for the Court to receive, in a private hearing, upto-date information from the State, the Inter-American Commission, and the
representatives, on the status and prospects of the implementation of the provisional
measures ordered in the Order of the Court of July 1, 2011.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority granted by Article 63(2) of the American Convention on Human
Rights, and Articles 4, 15(1), 27(2), 27(9), and 31(2) of the Rules of Procedure of the
Court,
DECIDES TO:
4
Matter of L.M. Provisional Measures regarding Paraguay. Order of the Inter-American Court of Human
Rights of July 1, 2011. Consideranding clause 16.
5