3
2.
That Article 63(2) of the American Convention sets forth that “in cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons”, the Court shall adopt such provisional measures as it deems pertinent with
respect to a case not yet submitted to the Court, acting at the request of the
Commission.
3.
That the provision set forth in Article 63(2) of the Convention establishes that it
is compulsory for a State to adopt the provisional measures that this Tribunal orders
since, following the basic law principle of the international responsibility of a State,
supported by international jurisprudence, a State shall fulfill its obligations under an
agreement in good faith (pacta sunt servanda).1
*
*
*
4.
That in its various orders, the Court required the State to adopt, without further
delay, any necessary measures to protect the life and integrity of the following
persons: Helen Mack Chang (hereinafter “Helen Mack” or “Mrs. Mack Chang”), Viviana
Salvatierra, América Ruiz, Luis Roberto Romero Rivera, as well as the other members
of the Myrna Mack Foundation. Likewise, the Court amplified the measures in favor of
the relatives of Myrna Mack Chang: Zoila Esperanza Chang Lau, Marco Antonio Mack
Chang, Freddy Mack Chang, Vivian Mack Chang, Ronnie Mack Apuy (hereinafter
“Ronald Chang Apuy”),2 Lucrecia Hernández Mack and her children, Iduvina Hernández
and Jorge Guillermo Lemus Alvarado and their relatives (supra Having Seen clauses 2,
3 and 5).
5.
That in the Orders of the Court of August 26, 2002, and February 21 and June
6, 2003, the Tribunal required the State to carry out the planning and implementation
of the measures ordered in agreement with the beneficiaries of same or with their
representatives.
Regarding Helen Mack, her relatives and other members of the Mack Foundation.
6.
That in relation to the adoption of measures in favor of Helen Mack and her
relatives, as well as the other members of the Myrna Mack Foundation, in a brief of
March 4, 2008, the representatives informed that the State had modified the
protection measures “unilaterally”. The representatives specifically mentioned the
physical protection security offered to Mrs. Mack Chang and her relatives; and the
representatives also mentioned that the State withdrew the fixed and perimetral
security post at the Mack Foundation headquarters.
7.
That regarding the protection offered to Helen Mack and her relatives, the
representatives indicated that until January 7, 2008 “the Secretariat of Administrative
and Security Affairs” –SAAS- provided security to the Mack [Chang] family with two
1
Cf. Matter of James et al. Provisional measures regarding Trinidad and Tobago. Order of the Court
of June 14, 1998, Considering clause 6; Matter of Lysias Fleury. Provisional measures regarding Haiti. Order
of the Court of November 25, 2008, Considering clause 5; and Matter of “El Nacional” and ”Así es la Noticia”
Newspapers. Provisional measures regarding Venezuela. Order of the Court of November 25, 2008,
Considering clause 2.
2
This Tribunal expresses that in several documents in this case Mr. Ronnie Mack Apuy appears under
the name of Ronald Chang Apuy. This Order shall refer to Mr. Ronald Chang Apuy.