2
6.
That, nonetheless, the provisional measures requested imply anticipation of
certain effects that would be produced by the judgment on the merits which this Court
may deliver, since in its request the Commission considers that the imprisonment of the
alleged victim violates the American Convention. These are precautionary measures
described in legal writings as partially restitutive or anticipatory and which the court
cannot prescribe without first hearing the adversary, in this case the Government of
Ecuador, one requisite being a preliminary analysis of the situation that necessitates the
order for provisional measures.
7.
That by the terms of Article 24(4) of the Rules of Procedure, "[i]f the Court is
not sitting, the President, in consultation with the Permanent Commission and, if
possible, with the other judges, shall call upon the government concerned to adopt the
necessary urgent measures and to act so as to permit any provisional measures
subsequently ordered by the Court, in its next session, to have the requisite effect."
8.
That in accordance with this precept, the President of the Court is authorized to
order urgent measures only; it is therefore for the Court at its next session to decide on
the appropriateness of the anticipatory provisional measures sought by the Commission,
which can only be granted after the Government concerned has been heard.
4.
The expansion of the Commission's request of April 12, 1996, in which it
asked the Court that the measures adopted be expanded to include Mr. SuárezRosero's wife, Margarita Ramadán de Suárez, and their daughter, Micaela SuárezRamadán. The expansion was based on an alleged attack on Mr. Suárez-Rosero on
April 1, 1996 and threats and harassment to which his family had been subjected
since that date.
5.
The Order of April 24, 1996, issued by the President of the Court in exercise
of the authority conferred on him by Article 24(4) of the Rules of Procedure of the
Court, in consultation with the other judges of the Court, in which he decided:
1.
To request that the Government of the Republic of Ecuador expand the
provisional measures established in the Order of the President of April 12, 1996 to
include Mrs. Margarita Ramadán de Suárez and her daughter, Micaela Suárez-Ramadán,
investigate the events denounced by the Inter-American Commission on Human Rights,
and punish those responsible.
2.
To submit this Order for the Court's consideration and pertinent effects during
its next regular session.
3.
To request that the Government of the Republic of Ecuador include in the
reports it shall present every thirty days to the President of the Court, pursuant to his
Order of April 12, 1996, the measures taken in compliance with this Order so that they
may be brought to the attention of the Court.
That Order of the President was based on the following considerations:
3.
That in the expansion of its request for adoption of provisional measures, the
Commission indicates that on April 1, 1996 Mr. Suárez was warned "not to forget that he
had relatives outside." Although the Commission does not specify who made the threats
nor does it provide any further detail or description of the event, it must be borne in
mind that Mr. Suárez is in the midst of a far-reaching criminal process involving crimes
connected with drug trafficking, which causes the Commission concern about the threats
to his wife, Mrs. Margarita Ramadán de Suárez, and their daughter, Micaela SuárezRamadán.
4.
That with regard to the Commission's second request, concerning the "attack"
on Mr. Suárez, consideration must be given to the police report of April 1, 1996,
provided by the Commission for the consideration of the Court, indicating that Mr.
Suárez suffered a superficial wound as a result of quarrel which, it is stated, broke out
when he himself approached Mr. Jorge Reyes "to complain about a pending action." The