7
15.
That the State must maintain the necessary measures to protect the life and
integrity of María Nodelia Parra and Gonzalo Arias Alturo, because the information
submitted to the Court allows it to determine that these measures are necessary in
order to avoid irreparable damage to the rights to life and personal integrity of these
beneficiaries, and because it can be concluded that they are in a situation of danger
and of extreme gravity and urgency. Furthermore, both the Commission and the
representatives asked the Court to maintain these measures in favor of the said
beneficiaries (supra Having seen paragraphs 5(d), 6(a) and 6(d)).
16.
That the State has the obligation to investigate the facts that gave rise to and
justified the maintenance of these provisional measures and, if applicable, identify
those responsible and impose the corresponding sanctions, as well as to investigate
the harassment, threats and other acts that are alleged to have occurred while these
provisional measures were in place.
17.
That the provisions of Article 63(2) of the Convention makes it obligatory for
the State to adopt the provisional measures ordered by the Court, because,
according to a basic principle of the law on the State’s international responsibility,
supported by international case law, the States must comply with their treaty-based
obligations in good faith (pacta sunt servanda).
18.
That the State is obliged to implement the provisional measures ordered by
the Court and to submit the required reports, at the times indicated by the latter.
19.
That the State, in its brief of June 13, 2005 (supra Having seen paragraph
4(d)) requested that the schedule for submitting its reports should be extended to
every six months, in view of the “stabilization of the safety situation” of María
Nodelia Parra and Gonzalo Arias Aturo.
20.
That, in keeping with the presumptions of extreme gravity and urgency, the
Court’s practice for the submission of State reports in procedures concerning
provisional measures establishes that these reports must be submitted at the time
established by the Court of every two months.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of
Human Rights for Élida González Vergel in its Order of April 16, 1997, and repeated
in its Order of June 3, 1999.
2.
To require the State to maintain and adopt the necessary measures to protect
the life and personal integrity of María Nodelia Parra and Gonzalo Arias Alturo.
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