6
conclusion has not been questioned by Vásquez Chumo and his family members, their
representatives, or the Inter-American Commission.
14.
That provisional measures are of an exceptional nature, are ordered as a function of
the necessities of protection, and, once ordered, should remain in force so long as the Court
considers that the basic requirements of extreme gravity and urgency and the prevention of
irreparable harm to the rights of those protected by the measures subsist.2 In that regard,
the Court notes that it is the responsibility of the beneficiaries of provisional measures, or, as
the case may be, of their representatives, to present observations or information on the
State’s compliance in carrying out those measures. In the present case, after the expiration
of the six months indicated in the Order of May 3, 2008, the Tribunal finds that no
information has been submitted to it that would demonstrate the subsistence of the situation
of extreme gravity and urgency and of prevention of irreparable harm that existed at the
time provisional measures were ordered in favor of Ángel del Rosario Vásquez Chumo and
his family members.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority vested in it by Article 63(2) of the American Convention on Human
Rights and Articles 25 and 29 of the Court’s Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of Human
Rights in its Orders of May 7, 2004, September 22, 2006, and May 3, 2008, with respect to
Ángel del Rosario Vásquez Chumo and the members of his family, in the case of the GómezPaquiyauri Brothers.
2.
To require the Secretariat of the Court to serve notice of this Order upon the State of
Peru, the Inter-American Commission on Human Rights, and the representatives of the
beneficiaries.
3.
To close the file of this case.
2
Cf. Case of the Constitutional Court. Provisional measures regarding Peru. Order of the Inter-American
Court of Human Rights of March 14, 2001, Considering clause three; Matter of Children Deprived of Liberty in the
“Complexo do Tatuapé” of FEBEM, supra note 1, Considering clause sixteen; and Matter of the persons imprisoned
in the “Dr. Sebastião Martins Silveira” Penitentiary in Araraquara, São Paulo, supra note 1, Considering clause
seventeen.