changed, neither in fact nor in law. Therefore, they requested that the provisional
measures be continued. However, in March 2012 they confirmed that the child LM
was living with his maternal grandparents and had daily contact with his mother and
father, for which reason they requested the lifting of the provisional measures.
Notwithstanding the foregoing, the representatives noted that the maternal
grandparents did not have formal documents certifying that they are the child’s
guardians and that “the State ha[d] not provided the support of specialized
personnel to monitor the child LM’s process of interaction with and incorporation into
his biological family.”
8.
The Inter-American Commission pointed out that there was no court ruling
revoking of the custody of the child from the O-A couple and, although it viewed the
gradual rapprochement between the child and his family in a favorable light, it
considered that the process had not been carried out appropriately. During the
hearing it stated that it felt it necessary for the Court to continue monitoring the
child’s relationship with his biological family until a final court ruling is issued.
However, in its last brief it “deemed admissible the lifting of the provisional
measures under the terms requested by both parties.”
9.
The Court notes that since the provisional measures have been in force, the
State has provided incomplete information regarding their implementation and
without the required frequency. As to the facts, the first meeting of the child and his
maternal grandparents took place on September 27, 2011, almost three months
after the provisional measures were ordered. Subsequently, there was no contact
between the child LM and his biological parents given that the domestic courts did
not order it, in spite of repeated requests by the Office of the Ombudsman for
Children, a body appointed by the Supreme Court to implement the measures. On
the day of the hearing convened by the President of the Court (supra Having Seen 6)
the State reported that the O-A couple had communicated to the domestic courts
their decision to relinquish custody of the child, and that during a court hearing held
on that same day the maternal grandparents had agreed to accept custody. Indeed,
on February 24, 2012 the aforementioned court issued a ruling in this regard, and
therefore, since the maternal grandparents of the child were appointed as guardians,
the child LM currently maintains a relationship with the extended family and also
with his biological parents given that his mother lives in the same house as the
grandparents.
10.
The purpose of these provisional measures has been the need for the State to
adopt the measures necessary, adequate and effective to protect the rights to
humane treatment, identity and protection of the family of the child LM, allowing him
to interact with his family of origin while the judicial proceedings to define his legal
status were being resolved. The Court notes that there was a lack of clear
information regarding the manner and circumstances in which the child’s transition
from the custodial family to the family of origin was carried out, which occurred in an
immediate and not a gradual manner. Nor was the Court provided with information
indicating that this rapprochement was carried out with the support of appropriate
professional personnel to monitor the child’s emotional situation. Nevertheless, the
fact is that the circumstances that gave rise to the adoption of these provisional
measures no longer exist, and that the State, the representatives and the
Commission agree that the lifting of the measures is appropriate. Accordingly, the
Court deems it admissible to lift the provisional measures, on the understanding that
the parties agree to this and without any detriment to the proceedings in the case
admitted for consideration by the Inter-American Commission. The Court points out
that, under the terms of Article 1.1 of the American Convention, the lifting of
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