31
measures, in his capacity as next-of-kin of the people protected by the Judgment of
the Court and beneficiary of the provisional measures himself, has died; therefore
this Tribunal deems it is appropriate to maintain the provisional measures in favor of
such persons. The Court expressed its dismay at the deprivation of life of Messr.
Jhon Carlos Rodríguez Quintero.
93.
That the Court considers that it is essential for the State to implement and
adopt, in an immediate and effective manner, the measures necessary to protect the
rights to life, humane treatment and personal security of the members of Rodríguez
Quintero family, in a way to guarantee that facts as the ones described may never
be repeated.
The adoption, by the State, of certain protective measures is not
enough; it is necessary that such measures and their implementation be effective in
a way to stop the threats and acts of harassment, and for the beneficiaries to
develop their usual life, without fear. The State must adopt the measures necessary
for that family to continue living at their usual residence and also, the State must
allow the full participation of the beneficiaries or their representatives in the planning
and implementation of such measures,
94.
That Article 1(1) of the Convention embodies the general duty of States
Parties to respect the rights and liberties recognized in said treaty and to ensure to
all persons subject to its jurisdiction the free and full exercise of those rights and
freedoms. In consequence, regardless of the existence of specific provisional
measures, the State is specially obliged to guarantee the rights of the people in
situation of risk and must expedite the investigation necessary to shed light on the
facts, followed by the consequences established by the appropriate legislation. 18
*
*
*
95.
That, based on the foregoing findings, the Court considers it is essential for
the State and the representatives to submit, within the term established in the
operative paragraphs of this Order, specific and detailed information on the situation
of the beneficiaries of the provisional measures, Messrs. Wilmar Rodríguez Quintero,
Yimmy Efraín Rodriquez- Quintero, Nubia Saravia, Karen Dayana Rodríguez-Saravia,
Valeria Rodríguez- Saravia, William Rodríguez- Quintero, Sandra Belinda MonteroFuentes, Juan Manuel Ayala Montero and María Paola Casanova- Montero, as well as
of Salomón Flórez Contreras and Luis José Pundor-Quintero and their respective
next-of-kin. That information shall contain an evaluation on the situations of risk, as
well as the definition of sufficient, appropriate and specific measures and means of
protection. To such end, the beneficiaries and their representatives shall have to
work in collaboration with the State and facilitate the assessment.
96.
That, furthermore, this Tribunal deems it is appropriate for the beneficiaries to
submit to the Court a list of the next-of-kin of the beneficiaries of the provisional
18
Cf. Case of Velásquez Rodríguez. Provisional Measures Regarding Honduras. Order of the Court
of January 15, 1988; considering clause 3; Matters of "La Nación" and "Así es la Noticia" newspapers.
Provisional Measures regarding Venezuela. Order of the Court of February 25, 2008, Considering clause
39; Case of López Álvarez et al. Provisional Measures regarding Honduras. Order of the Court of January
26, 2009, Considering clauses 28 and 29.