obligation relates. 38 Prompt observance of the State’s obligation to advise the Court about
how it is complying with each element ordered by the Court is essential for the assessment
of the status of compliance with the provisional measures as a whole. 39
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Articles 63(2) of the American Convention on
Human Rights, and 27 and 31 of the Rules of Procedure of the Court,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of Human
Rights in favor of Benjamín Cuéllar Martínez and Henry Paul Fino Solórzano on May 12,
2007.
2.
To maintain, as pertinent, the provisional measures ordered by the Inter-American
Court of Human Rights in its Orders of May 12 and November 26, 2007, and February 2,
2010, in favor of Mr. Meléndez Quijano, Marina Elizabeth García de Meléndez, Andrea
Elizabeth Meléndez García, Estefani Marcela Meléndez García, 40 Pamela Michelle Meléndez
García, Adriana María Meléndez García, Gloria Tránsito Quijano widow de Meléndez, Sandra
Ivette Meléndez Quijano, Roxana Jacqueline Mejía Torres, and Manuel Alejandro Meléndez
Mejía, for an additional period that will expire on June 30, 2014, after which the Court will
evaluate the pertinence of keeping them in force.
3.
To require the State to present a detailed report on the actual situation of each of
the beneficiaries named in the second operative paragraph of this Order, compared to the
situation that gave rise to these provisional measures, by February 20, 2014, at the latest;
the report should include the arguments and evidence that support its position as regards
the lifting of these provisional measures, pursuant to considering paragraph 28 of this
Order.
4.
To require Adrián Meléndez Quijano, on behalf of himself and in representation of the
other beneficiaries of these provisional measures, to present his observations on the State’s
report within four weeks of receiving it, and to refer to the actual situation of each of the
beneficiaries, individually, compared to the situation that gave rise to these provisional
measures, pursuant to considering paragraph 28 of this Order, in which he includes the
arguments and evidence based on which he considers that the measures ordered should be
38
Cf. Matter of Liliana Ortega et al. Provisional measures with regard to Venezuela. Order of the Court of
December 2, 2003, twelfth considering paragraph, and Case of Eloisa Barrios et al., supra, sixtieth considering
paragraph.
39
Cf. Case of the Five Pensioners v. Peru. Monitoring compliance with judgment. Order of the Court of
November 17, 2004, fifth considering paragraph, and Case of Eloisa Barrios et al., supra, sixtieth considering
paragraph.
40
On November 12, 2010, the representation of the beneficiaries indicated that “the name of one of the
beneficiaries [of] the measures granted by the Inter-American Court of Human Rights in its Order of March 23,
2007, was written incorrectly; specifically the [child] Estefani Mercedes Meléndez García; whereas the correct name
is Estefani Marcela Meléndez García.” In this regard, on October 21, 2011, the Secretariat observed that “the name
that appears in the said Order was the name included by the Inter-American Commission in the request for the
provisional measures. However, based on the clarification presented by the representatives, on the instructions of
the President, hereinafter the Court will refer to this beneficiary as Estefani Marcela Meléndez García.”
15