proceedings is substantially linked to its role in ensuring the eradication of
irreparable risk. As a result, the best way to protect the beneficiary is the
implementation of a serious, efficient, and effective investigation which
clarifies the facts denounced in order to determine those responsible”; and
d)
the State should provide specific information about the participation of
the beneficiary and his representatives in the planning and implementation of
the provisional measures.
CONSIDERING:
1.
That the State ratified the American Convention on 9 August 1977 and, in
accordance with Article 62 of said Convention, recognized the contentious
jurisdiction of the Court on 24 June 1981.
2.
That Article 63(2) of the American Convention provides that, in “cases of
extreme gravity and urgency and when necessary to avoid irreparable damage to
persons,” with regard to cases not yet submitted to it, the Court may order such
provisional measures as it deems pertinent, at the request of the Commission.
3.
That in connection with this matter, Article 25(1) of the Rules of Procedure
provides that:
[…]
2.
With regard to matters not yet submitted to it, the Court may act at the request of the
Commission.
[…]
6.
The beneficiaries of provisional measures or urgent measures ordered by the President shall
be able to present their comments to the report by the State directly to the Court. The InterAmerican Commission of Human Rights shall present comments to the State’s report and to
the observations of the beneficiaries or their representatives.
4.
That Article 1(1) of the Convention establishes the general obligation of State
Parties to respect the rights and freedoms recognized in the Convention and to
ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms. To comply with this obligation, the State Party is thus required,
erga omnes, to protect all persons within its jurisdiction1. This duty becomes even
more evident when it pertains to those undergoing proceedings before the
supervisory bodies of the American Convention2.
1
Cfr. Matter of Ramirez Hinostroza et al. Provisional measures. Order of the Inter-American Court
of Human Rights of May 17, 2007, fourth considering clause; Case of the 19 Tradesmen. Provisional
Measures. Order of the Inter-American Court of Human Rights of May 12, 2007, fifth considering clause,
and the Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison). Provisional
measures. Order of the Inter-American Human Rights Court of February 2, 2007, fifth considering clause.
2
Cfr. Matter of Ramirez Hinostroza et al. Provisional measures. supra Note 1, fourth considering
clause; Case of the 19 Tradesmen. Provisional Measures, supra Note 1, fifth considering clause, and
Matter of Adrian Melendez Quijano et al. Provisional measures. Order of the Inter-American Court of
Human Rights of May 12, 2007, fourth considering clause.
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