6
indicated, inter alia, that there are no legal grounds for maintaining the provisional
measures (supra sixth considering paragraph).
18.
That, based on the above, the Court takes note of the State’s request to lift the
provisional measures and decides that, before ruling on this request, it considers it
necessary to require the parties to forward detailed and specific information on the
existence at the present time of the procedural requirements of extreme gravity and
urgency and of possible irreparable damage to Carlos Nieto Palma and Ivonne Sánchez
Palma, that would justify the need to maintain in force the provisional measures ordered by
the Court in their favor, in keeping with their purpose.
*
*
*
19.
That the Court will assess the pertinence of maintaining in force the provisional
measures ordered in favor of Carlos Nieto Palma and Ivonne Palma Sánchez when it has
received the requested information and the corresponding observations of the parties (supra
eighteenth considering paragraph).
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 Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To require the State to maintain the necessary measures to protect the life and
personal integrity of Carlos Nieto Palma and Ivonne Palma Sánchez, for at least six months
from notification of this Order, following which the Court will assess the pertinence of
maintaining them in force.
2.
To request Carlos Nieto Palma or his representatives to submit, by October 10,
2008, at the latest, their observations on the existence and continuation of the assumptions
of extreme gravity and urgency and of possible irreparable damage that justify the need to
maintain these provisional measures in force.
3.
To require the Inter-American Commission on Human Rights to present to the InterAmerican Court of Human Rights its observations on the observations of Mr. Nieto Palma or
his representatives that were requested in the preceding operative paragraph, within two
weeks of receiving them. Also, to require the State to present a report to the InterAmerican Court of Human Rights on the observations of Carlos Nieto Palma and Ivonne
Palma Sánchez and of the Inter-American Commission on Human Rights, within two weeks
of receiving them.
4.
To require the Secretariat of the Court to notify this Order to the Inter-American
Commission on Human Rights, the beneficiaries or their representatives, and the State.