-611.
That the standard for the prima facie assessment of a case and the
application of presumptions in the face of the need for protection have led the Court
to order measures on different occasions.4
12.
That the information presented by the Commission (supra Having seen
paragraphs 2, 3 and 4) shows, prima facie, that the precautionary measures have
not produced the required effects and that Mery Naranjo Jiménez and her family and
María del Socorro Mosquera Londoño and the minor, Luisa María Escudero, are in a
situation of extreme gravity and urgency, because their lives and personal integrity
continue to be threatened and in grave danger. Consequently, in light of the
provisions of the American Convention, the Court finds it necessary to protect these
persons by means of provisional measures. In this regard, it requests the InterAmerican Commission and the representatives of the beneficiaries to inform the
Court about the current situation of the child, Luisa María Escudero, so that it can
duly evaluate whether to maintain the provisional measures in her favor.
13.
That, based on the information provided by the Commission, the Court
considers that the State should ensure permanent surveillance of the place of
residence of Mery Naranjo Jiménez and her family (supra Having seen paragraph
5(c)).
14.
That the Commission indicated that María del Socorro Mosquera Londoño was
“currently displaced and, owing to the existing danger, does not plan to return to the
district” (supra Having seen paragraph 5(d)). Accordingly, the Court finds it
necessary for the State to ensure and provide the necessary conditions for her to
return to her home and to adopt all necessary measures to protect her life and
personal integrity. If she does not wish to return home, the Inter-American
Commission and the representatives of the beneficiaries are requested to provide the
Inter-American Court with information on the location of Mrs. Mosquera Londoño so
that the State may provide the appropriate protection in the place where she resides.
15.
That the State has the obligation to investigate the facts that gave rise to this
request for provisional measures and, if applicable, identify those responsible and
impose the corresponding sanctions.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To require the State to adopt forthwith the necessary measures to protect the
rights to life and personal integrity of the following persons: Mery Naranjo Jiménez
4
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures, supra
note 2, twentieth considering paragraph; Matter of the Monagas Judicial Confinement Center (“La Pica”).
Provisional Measures, supra note 2, twenty-second considering paragraph, and Matter of the Forensic
Anthropology Foundation. Provisional Measures, supra note 2, tenth considering paragraph.
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