49.
The Court reiterates that Article 1.1 of the Convention establishes the general
obligations that States Parties have to respect the rights and freedoms recognized therein
and to ensure their free and full exercise to all persons subject to their jurisdiction. These
obligations must be complied with fully, regardless of the existence of provisional measures.
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THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In exercise of its authority under Articles 63.2 of the American Convention on Human Rights
and 27 of its Rules of Procedure,
DECIDES:
1.
To rescind the provisional measures granted in favor of Solain Pierre or Solain Pie or
Solange Pie, in accordance with Considering paragraph 24 of this Order.
2.
To reject the request to extend the provisional measures submitted by the InterAmerican Commission on Human Rights in its communication of February 17, 2012, under
the terms of Considering paragraphs 41 to 48 of this Order.
3.
To ratify the pertinent indications contained in the Orders of the Inter-American
Court of Human Rights of June 16, August 7 and 18, September 14, and November 12,
2000; May 26, 2001; October 5, 2005; February 2, 2006, July 8, 2009, and December 1,
2011, to the effect that the State must maintain any measures it has adopted in favor
Antonio Sensión, William Medina Ferreras and Berson Gelin for an additional period of at
least six months as of notification of this Order, after which time the Court shall consider the
appropriateness of maintaining them in force, as established in Considering paragraph 34 of
this Order.
4.
To ratify the pertinent indications contained in the Orders of the Inter-American
Court of Human Rights (supra Operative paragraph 3), in order to maintain the measures in
favor of the children of Solain Pie or Solain Pierre or Solange Pierre for a further period of at
least six months as of notification of this Order, under the terms of Considering paragraph
30.
5.
To require the State to continue implementing the sufficient and necessary measures
to: (a) continue the periodic meetings of the working group or team composed of State
officials, with the participation of the beneficiaries and/or their representatives, in order to
collaborate effectively in the implementation of the measures ordered by the Court, and (b)
submit a report with the schedule of the next meetings. The foregoing, in accordance with
the provisions of Considering paragraphs 20 and 21 of this Order.
Community of San José of Apartadó. Provisional Measures regarding Colombia. Order of the Inter-American Court
of August 30, 2010, Considering paragraph 46.
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Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Inter-American
Court of January 15, 1988, Considering paragraph 3, and Case of de la Cruz Flores v. Peru, supra note 3,
Considering paragraph 30.
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