5
9.
That to effectively ensure the rights recognized in the American Convention,
the State Party has an obligation, erga omnes, to protect all persons subject to its
jurisdiction.
As this Court has previously held, this means that this general
obligation applies not only with respect to the power of the State but also with
respect to actions by third parties.3 The Court observes that given the characteristics
of the instant case, provisional measures are needed to protect Mr. Carlos Nieto
Palma, his family, and particularly his nephew John Carmelo Laicono Nieto, based on
the provisions of the American Convention.
10.
That the case to which the Commission’s request refers is not now pending
with the Court for a decision on the merits; therefore, adoption of provisional
measures does not imply a decision on the merits of the dispute between the
petitioners and the State.4 In adopting provisional measures, the Court is merely
guaranteeing that it is able to faithfully execute its mandate under the Convention
for cases of extreme gravity and urgency that require measures of protection to
avoid irreparable harm to persons.
11.
That the State has an obligation to investigate the facts that gave rise to this
request for provisional measures, in order to identify those responsible and punish
them accordingly.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority under Article 63(2) of the American Convention on Human
Rights and Article 25 of its own Rules of Procedure,
RESOLVES:
1.
To call upon the State to adopt forthwith the measures necessary to
safeguard and protect the life, integrity of person and personal liberty of Mr. Carlos
Nieto Palma, and the life and integrity of person of his family, especially that of his
nephew John Carmelo Laicono Nieto.
2
Cf. Case of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of Human
Rights of December 2, 2003, ‘considering’ ten; Resolution 1842 (XXXII-O/02) of the General Assembly of
the Organization of American States; Resolution 1818 (XXXI-O/01) of the General Assembly of the
Organization of American States, and the United Nations Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights
and Fundamental Freedoms, G.A. Res. 53/144.
3
Cf., inter alia, The Case of the “El Nacional” and “Así es la Noticia” Newspapers. Order of the
Inter-American Court of Human Rights of July 6, 2004, ‘Considering’ twelve; Case of the Indigenous
Community of Sarayaku. Order of the Inter-American Court of Human Rights of July 6, 2004, ‘Considering’
ten; and Case of Kankuamo Indigenous People. Order of the Inter-American Court of Human Rights of July
5, 2004, ‘Considering’ eleven.
4
Cf., inter alia, The Case of the “El Nacional” and “Así es la Noticia” Newspapers. Order of the
Inter-American Court of Human Rights of July 6, 2004, ‘Considering’ thirteen; Case of the Indigenous
Community of Sarayaku. Order of the Inter-American Court of Human Rights of July 6, 2004, ‘Considering’
twelve, and Case of Kankuamo Indigenous People. Order of the Inter-American Court of Human Rights of
July 5, 2004, ‘Considering’ thirteen.
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