6
9.
That, should the State execute the alleged victims, this would produce an
irreparable situation and the State would have committed an action incompatible
with the Convention’s object and purpose.3
10.
That the situation described by the Commission in this case (supra having
seen paragraph 2) reveals prima facie the possible existence of a situation of
extreme gravity and urgency, and makes it necessary to avoid irreparable damage
to the right to life of Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes,
Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor. The principle of prima
facie assessment of a case and the application of assumptions in cases when
protection is required has led the Court to order provisional measures on many
occasions.
11.
That the merits of the case referred to in the Commission’s request have not
being submitted to the Court. Consequently, the adoption of provisional measures
does not imply a decision on the merits of the existing dispute between the
petitioners and the State. By adopting provisional measures, this Court is merely
ensuring that it may faithfully exercise the mandate entrusted to it by the
Convention in cases of extreme gravity and urgency requiring measures of
protection to avoid irreparable damage to persons.4
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of 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 require the State to adopt forthwith the necessary measures to protect the
lives of Ronald Ernesto Raxcacó-Reyes, Hugo Humberto Ruiz-Fuentes, Bernardino
Rodríguez-Lara and Pablo Arturo Ruiz-Almengor so as not to hinder the processing of
their cases before the inter-American system for the protection of human rights.
2.
To require the State to provide the Inter-American Court of Human Rights
with information on the measures it has adopted to comply with this order, within 15
days of its notification.
3.
To require the representatives of the beneficiaries of the provisional measures
to submit their observations on the State’s report within one week of receiving it,
and on the Inter-American Commission on Human Rights to submit its observations
3
Cf. Case of James et al.. Provisional measures. Order of the Inter-American Court of Human
Rights of November 26, 2001, twelfth considering paragraph.
4
Cf. Case of Carlos Nieto et al.. Provisional measures. Order of the Inter-American Court of
Human Rights of July 9, 2004, tenth considering paragraph; Matter of the Pueblo indígena de Sarayaku.
Provisional measures. Order of the Inter-American Court of Human Rights of July 6, 2004, twelfth
considering paragraph; and Matter of “El Nacional” and “Así es la Noticia Newspapers. Provisional
measures. Order of the Inter-American Court of Human Rights of July 6, 2004, twelfth considering
paragraph.
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