representatives met with various State officials on January 19, 2011. A number of State
officials participated in that meeting, during which an “official document of commitment
to protective provisional measures” was entered onto the record. Both the
representatives and the State provided this document to the Court as evidence (supra
Having Seen 9 and 11). The State also informed the Court of the contents of that official
document through in a brief dated February 9, 2011 (supra Having Seen clause 11). The
Court notes that during that meeting, the State made a commitment to Mr. Galdámez
and his representatives to adopt a number of protective measures to his benefit and to
the benefit of his wife and children. In this sense, the representatives indicated that the
State has already started to implement some of these measures.
22.
Based on all this, the Court finds that the information submitted by the
Commission, the representatives, and the State shows, prima facie, that the persons
indicated in the request for provisional measures submitted by the Commission (supra
Having Seen 1) are in a situation of extreme gravity and urgency, as their lives and
personal integrity are being threatened and are at grave risk. Consequently, the Court
finds continued protection of this person through provisional measures to be necessary
based on articles 62(3) of the American Convention and 27 of the Rules of Procedure of
the Court.
23.
The State must therefore continue to take appropriate actions such that the
provisional measures ordered are planned and applied with the participation of the
beneficiaries or their representatives, so as to ensure that those measures are granted in
a diligent and effective manner. In implementing the pertinent measures, the State must
bear in mind the beneficiaries’ special need for protection in light of the specific
circumstances of this matter. Also, in order to determine the specific protective measures
to be implemented, it should evaluate the specific risk each beneficiary is facing. The
participation of the State and the beneficiaries or their representatives is essential for
adequately coordinating the implementation of the provisional measures in this matter.
24.
By the deadline stipulated in the Operative Paragraphs of this Order, the State
must submit concrete and detailed information to the Court on the provisional measures
implemented to the benefit of each of its beneficiaries so that the Tribunal can evaluate
them. Likewise, the State shall submit all the documentation that it considers pertinent.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted in Article 63(2) of the Aerican Convention and Articles
27 and 31 of its Rules of Procedure,
DECIDES TO:
1.
Ratify in full the Order of the President of the Inter-American Court of Human
Rights of December 22, 2010, thereby requiring the State of Honduras to maintain the
measures already implemented and immediately adopt any complementary measures
necessary to protect the lives, liberty, and personal integrity of Mr. José Luís Galdámez
Álvarez and of his partner - Wendy Orellana Molina - and his children, Pedro Luís, José
Luís, Marlon Josué, Ramón Israel, and two other minors, all with the surname Galdámez,
pursuant to Considering clauses 21 and 23 of this Order.
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