7
are threatened and gravely jeopardized. That The standard of prima facie assessment
of a case and the application of presumptions due to the need for protection have, on
different occasions, led this President and the Court to order measures 5.
12.
That the Inter-American Commission did not request the adoption of provisional
measures on behalf of Benjamín Cuéllar Martínez, José Roberto Burgos Viale, and
Henry Paul Fino Solórzano, lawyers of IDHUCA and representatives of the beneficiaries
of the present provisional measures, (supra Having Seen 5). Taking into account the
information provided by the Commission in its petition (supra Having Seen 4(a), 4(b)
and 9(d)) reveal that they have been the object of threats and pursuit in the present
matter, this Court considers that the State should provide them with necessary
protection, in conformity with the Order which ordered the State to guarantee their
rights to life and personal integrity.
13.
That the State shall maintain and immediately adopt the measures necessary to
protect the life and integrity of the beneficiaries of the present provisional measures
(supra Having Seen 7 and Considering 11 and 12).
14.
That the State shall, with the participation of the beneficiaries of this Order or
their representatives, continue to take appropriate steps to plan and implement the
measures ordered in the present Order, such that the measures may be diligently and
effectively executed.
15.
That the case that originated the present request for provisional measures is
not before the Court to determine its merits, although it refers to a petition presented
before the Inter-American Commission under reference No. 242/07 (supra Having
Seen 3). The adoption of provisional measures does not imply a decision as to the
merits of the controversy between the petitioner and the State. In adopting provisional
measures, this Court is only ensuring that the Tribunal can faithfully perform its
mandate relative to the Convention in cases of extreme gravity and urgency that
require protective measures to prevent irreparable harm to persons.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in accordance with the authority vested in the Court by Article 63(2) of the American
Convention and Articles 25 and 29 of the Rules of Procedure,
DECIDES:
1.
To ratify the Order of the President of the Inter-American Court of Human
Rights of March 23, 2007.
2.
To order the State to maintain the measures that it has already adopted, and
that it immediately adopt the measures necessary to protect the life and integrity of
Adrián Meléndez Quijano, Marina Elizabeth García de Meléndez, Andrea Elizabeth
5
Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana
Measures, supra note 3, eighth considering clause; Matter of Gloria Giralt de García
Provisional Measures, supra note 1, eighth considering clause; and Case of the Plan de
Provisional Measures. Order of the Inter-American Court of Human Rights of November
considering clause.
Prison). Provisional
Prieto and others.
Sánchez Massacre.
25, 2006, eleventh
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