12
40.
That independent of the existence of provisional measures ordered by the
Tribunal in this case, the State’s constant and permanent duty is to abide by the
general obligations under Article 1(1) of the Convention in order to respect the rights
and freedoms recognized therein and ensure their free and full exercise to every
individual under its jurisdiction.6
NOW, THEREFORE:
THE INTER-AMERICAN HUMAN RIGHTS COURT,
pursuant to Article 63(2) of the American Convention on Human Rights and Articles 25
and 29 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures in favor of beneficiaries Viviana Salvatierra,
América Morales Ruiz and Iduvina Hernández, as established in Considering clauses 32
to 40 in this Order.
2.
To request the State to maintain the measures adopted and to adopt any
necessary measures to protect the life and physical integraty of Helen Mack Chang and
her relatives, Zoila Esperanza Chang Lau (mother), Marco Antonio Mack Chang
(brother), Freddy Mack Chang (brother), Vivian Mack Chang (sister), Ronald Chang
Apuy (cousin), Lucrecia Hernández Mack (daughter) and her children, the members of
the Myrna Mack Chang Foundation, as well as Luis Roberto Romero Rivera, Jorge
Guillermo Lemus Alvarado and his relatives, for an additional period of at least six
months following notice of this Order, after which the Tribunal shall evaluate whether
or not to maintain such measures (supra Considering clause 28).
3.
To request the representatives to submit, within four weeks, an evaluation
about the risk situations of each one of the beneficiaries protected by these measures,
pursuant to Considering clauses 17, 21, 23 and 27 of this Order. Such evaluation shall
include the arguments and evidence whereby the representatives consider that the
measures ordered must be maintained in relation to Helen Mack Chang and each one
of her relatives, indicated in item 2 hereinabove in an individualized manner, as well as
the protection offered to the members of the Myrna Mack Foundation. The
representatives must specifically submit information about the alleged facts occurred
against Mr. Ronald Chang Apuy, his present situation and the proceedings carried out
regarding these facts, as well as the information required about Luis Roberto Romero
6
Cf. Case of Velásquez Rodríguez. Provisional measures regarding Honduras. Order of the Court of
January 15, 1988, Considering clause 3; Matter of “El Nacional” and “Así es la Noticia” Newspapers, supra
note 1, Considering clause 39; and Matter of Leonel Rivero et al., supra note 4, Considering clause 4.