5
8.
That, likewise, the State underscored “that mentioned by the Inter-American
Commission in its observations to the State’s [e]ighteenth [r]eport, emphasizing that it had
not received any briefs from the beneficiary and his family or their representatives.”
9.
That the State indicated, lastly, that though in its report of February 29, 2008, it had
contended that the protection of Vásquez Chumo and the members of his family should
continue until a final judgment was issued against César Augusto Santoyo Castro, who
remains fugitive and was co-accused in the criminal proceedings against Vásquez Chumo for
the deaths of the Gómez-Paquiyauri brothers, “this situation may be of a permanent nature
that would be far removed from the provisional nature of the measures ordered by the
Court.”
10.
That on November 3, 2008, the deadline for Ángel del Rosario Vásquez Chumo and
the members of his family or their representative to present the observations requested in
the Order of the Court of May 3, 2008, passed without these having been received by the
Court’s Secretariat (supra Having Seen clause No. 3). Said observations were to refer to the
continuance and existence of the requisites of extreme gravity and urgency and the
possibility of irreparable damage that would justify maintaining in force the provisional
measures ordered by the Tribunal in favor of Vásquez Chumo and the members of his
family. The Court observes that the last communication by Vásquez Chumo or his
representative regarding this matter was submitted to it on July 22, 2004.
11.
That the Commission indicated that “it does not have any information other than that
presented by the […] State and, therefore, considers it pertinent to underscore that
compliance with orders of the Court must include a response on the part of the State that
translates into effective compliance with the obligations that derive from the adoption of
provisional measures and provides an accounting of its compliance through a periodic report
that refers expressly to the situation of the beneficiary and his family members.” Because it
has “not received briefs in relation to Vásquez Chumo and his family or their
representatives, and in accord with the information regarding the normal progression of the
measures of protection,” the Commission indicated that it “did not have observations [on
the matter.]”
*
*
*
12.
That the Court values the effort on the part of the State in adopting the measures
necessary to protect the life and personal integrity of Ángel del Rosario Vásquez Chumo and
his family members (supra Considering clause No. 5). Likewise, it recognizes that the State
has complied with its obligation to inform the Tribunal on the actions carried out in order to
implement the present measures.
13.
That the Court observes that the State has requested it to lift the provisional
measures in favor of Ángel del Rosario Vásquez Chumo and his family members, “since no
evidence has been found on the existence of threats against their physical integrity or […]
material goods” (supra Having Seen Clause No. 6). Additionally, the Court notes that this