16
22.
The adoption of urgent or provisional measures does not imply a decision on the
merits of the case if it were to be considered by the Court, nor does it prejudge the State’s
responsibility for the reported facts.60
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority granted by Article 63(2) of the American Convention and 27 of
its Rules of Procedure,
DECIDES:
1.
To require the State of Paraguay to adopt forthwith the measures necessary,
adequate, and effective to protect the rights to personal integrity, identity, and protection
of the family of the child L.M., allowing him to be in contact with his family of origin, with
the support of appropriate professional personnel to monitor the child’s emotional
condition, as established in considering paragraphs 16 and 18 to 20 of this order.
2.
To require the State to report to the Inter-American Court, by August 20, 2011, at
the latest, on the provisions of the first operative paragraph of this Order.
3.
To require the representatives of the beneficiary and the Inter-American
Commission to submit to the Inter-American Court, within two and four weeks,
respectively, any observations they deem pertinent on the report mentioned in the second
operative paragraph of this order.
4.
To require the State, also, to report to the Inter-American Court every two months
as of August 20, 2011, on the provisional measures adopted in accordance with this
decision.
5.
To request the representatives of the beneficiary and the Inter-American
Commission to submit their observations within four and six weeks, respectively, of
notification of the reports of the State indicated in the fourth operative paragraph.
6.
To require the Secretariat to notify this order to the State and the Inter-American
Commission and, through the latter, to the representatives of the beneficiary.
Provisional measures with regard to Peru, Order of the Inter-American Court of Human Rights of May 28, 2010,
fifteenth considering paragraph.
60
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the
President of the Inter-American Court of Human Rights of July 13, 1998, sixth considering paragraph; Case of
Rosendo Cantú et al. Provisional measures with regard to Mexico. Order of the Inter-American Court of Human
Rights of February 2, 2010, sixteenth considering paragraph, Matter of Alvarado Reyes et al. Provisional measures
with regard to Mexico. Order of the Inter-American Court of Human Rights of May 26, 2010, sixteenth considering
paragraph; and Matter of María Lourdes Afiuni. Provisional measures with regard to Venezuela, Order of the InterAmerican Court of Human Rights of December 10, 2010, para. 14.