4
11.
The communication of November 14, 2007, in which the State, in response to the
request made in the Secretariat’s note of October 30, 2007, forwarded its observations on
the brief of the representatives de October 23, 2007, and asked the Court, inter alia, to
“rescind the provisional measures ordered […and to] declare that the request for expansion
of the measures was inadmissible.”
CONSIDERING:
1.
That the State ratified the American Convention on August 9, 1977, and, pursuant to
Article 62 thereof, accepted the compulsory jurisdiction of the Court on June 24, 1981.
2.
That Article 63(2) of the Convention establishes 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.
3.
That, in this regard, paragraphs 1 and 2 of Article 25 of the Court’s Rules of
Procedure establish that:
At any stage of the proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on
its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2)
of the Convention.
[...]
With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[...]
4.
That Article 1(1) of the Convention embodies the general obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms.
5.
That the provisional measures decreed in the Order of the Court on September 4,
2004 (supra Having seen paragraph 2) are still in force.
6.
That, following the said order for provisional measures, the Inter-American
Commission lodged an application before the Inter-American Court for the Court to
establish the alleged responsibility of the State for the violation of the rights to freedom of
expression, a fair trial, and judicial protection of 44 persons, and of the right to humane
treatment of six persons. These people are also beneficiaries of the provisional measures
already ordered by the Court (supra Having seen paragraphs 2 and 4).
7.
That, on October 23, 2007, the representatives submitted to the Court a request for
the expansion of the content of the provisional measures that had been ordered (supra
Having seen paragraph 8), and on November 14, 2007, the State requested that the
measures be rescinded (supra Having seen paragraph 11). The Court will refer, first, to the
request to rescind the provisional measures that the State was ordered to adopt and,
second, to the said request to expand their content.
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