3
2.
That Article 63(2) of the Convention provides that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid
irreparable damage to persons, the Court shall adopt such provisional
measures as it deems pertinent in matters it has under consideration. With
respect to a case not yet submitted to the Court, it may act at the request of
the Commission.
3.
That the State, in accordance with the Orders of the President of June 4 and July 26,
1995, and that of the Court of September 19, 1995, has the obligation to effectively ensure
the life and physical integrity of the persons mentioned in the requests of the Commission
and to seriously investigate the threats and acts of intimidation they have suffered; an
obligation that continues since the provisional measures remain in effect.
4.
That, despite the above, there exists a controversy in regards to the effectiveness and
the status of the investigation the State is conducting in the present case. The petitioners
have stated to the Commission that said investigation has been closed, which is contrary to
that indicated by the State. Therefore, it is necessary for the Court to receive broader
information in order to determine if the State is complying or not with the orders of the
Court. Given that said information should be in the hands of the State, it should present
this information to the Court.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Articles 63(2) of the American Convention on Human Rights and 25(1) and
25(2) of its Rules of Procedure,
DECIDES:
1.
To call upon the State to include in its next report the appropriate documentation on
the status of case No. 1011-97 and the concrete advances made into the investigations of
the denounced threats and acts of intimidation.
2.
To call upon the State to continue to report to the Court every two months from the
date of notification of this Order on the measures it has taken in this case, and upon the
Inter-American Commission on Human Rights to continue submitting its comments on that
information to the Court not later than six weeks from the date of its receipt.
Antônio A. Cançado Trindade
Hernán Salgado Pesantes
President
Máximo Pacheco-Gómez
Héctor Fix-Zamudio
Oliver Jackman
Alirio Abreu-Burelli