Radio Globo” and the house inhabited by the family. However, according to the
State, "unfortunately the police officials in charge of carrying out[... those
patrols] have been prevented by the [... possible] beneficiary and his immediate
family because they refuse to sign the logbook kept for that purpose, saying that
they will not sign until they are provided with full personal security, [… that is], a
permanent police detail." The State finds that these "statements […] are
inconsistent by virtue of the fact that the [… possible] beneficiary rejected the
idea of permanent police bodyguards" offered by the National Police and
requested the establishment of a "budgetary fund for hiring private personal
security [...] to provide permanent security.” Likewise, it indicated that Mr.
Galdámez demanded that the fund be financed by the Office of the Secretary Of
State in the Security Office. However, he never submitted his request to that
body.
d) Mr. Galdámez has demonstrated "an uncooperative attitude […] toward the
police officers in charge of carrying out the patrols, as they have been […]
treated badly” by him, and
e) “The Human Rights Unit […] launched the [ex officio] investigations [… related
with the attack suffered by the possible beneficiary] on September 16, [… 2010],
giving a response almost immediately and even putting itself at the disposal of
the [possible] beneficiary and offering him all necessary cooperation , both in the
investigation and for his personal protection […]." Those investigations have
been carried out "with priority […], such that they are already reaching their
conclusion and coming up with positive results, including identifying possible
suspects and locating the vehicle they were driving at the moment of committing
the criminal infraction […]."
CONSIDERING THAT:
1.
The Republic of Honduras ratified the American Convention on human rights on
September 8, 1977, and, in keeping with Article 62 of the Convention, recognized the
contentious jurisdiction of the Court on September 9, 1981.
2.
Article 63(2) of the American Convention holds 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 in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act
at the request of the Commission.” This provision is also set forth in Article 27 of the
Rules of Procedure of the Court.
3.
The provision established in Article 63(2) of the Convention make the provisional
measures ordered by this Tribunal obligatory for the State, as the basic principles of
international law, based on international case law, have indicated that States must
comply with their obligations under the Convention in good faith (pacta sunt servanda).2
2
Cf. Case of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, 19, Considering six; Matter of Guerrero Larez. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009,