12
22.
The provision set forth in Article 63(2) of the Convention makes it mandatory
for the State to adopt the provisional measures ordered by this Court, since
according to the basic legal principle of the international responsibility of the State,
backed by international jurisprudence, the States must comply in good faith with
their treaty obligations (pacta sunt servanda).
23.
The State has the obligation to investigate the facts that gave rise to these
provisional measures and to their expansion, with the aim of identifying those
responsible and punishing them as appropriate.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising the authority granted by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To ratify to its full extent the July 27, 2004 Order of the President of the
Inter-American Court of Human Rights (supra Having Seen 10) and, therefore, to
order the State to maintain the measures it has adopted and to adopt, forthwith,
such measures as may be necessary to comply with said Order.
2.
To reiterate to the State that it must adopt, forthwith, such measures as may
be necessary to protect the lives and safety of Luisiana Ríos, Armando Amaya,
Antonio José Monroy, Laura Castellanos, Argenis Uribe, Carlos Colmenares, Noé
Pernía and Pedro Nikken, as well as the freedom of expression of the latter three.
3.
To order the State to continue investigating the facts that gave rise to
adoption of these provisional measures and their expansion, with the aim of
identifying those responsible and punishing them as appropriate.
4.
To reiterate to the State that it must allow the representatives of the
beneficiaries to participate in planning and implementation of those measures, and in
general to inform them of progress regarding the measures ordered by the InterAmerican Court of Human Rights.
5.
To order the State to continue reporting to the Inter-American Court of
Human Rights, every two months, regarding compliance with the measures adopted,
in accordance with Considering twenty-one.
6.
To call upon the representatives of the beneficiaries of these measures to
submit their comments on the bi-monthly reports by the State, within one month of
when they receive them, and on the Inter-American Commission on Human Rights to
submit its observations on said reports by the State within six weeks of when it
receives them.
7.
To notify the instant Order to the Inter-American Commission on Human
Rights, to the representatives of the beneficiaries of these measures, and to the
State.
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