6
case to which they are parties.” The obligations imposed by the Convention upon
States Parties bound all powers and authorities of the State.
5.
That the obligation to comply with the provisions of the Court’s judgment
originates in the basic legal principle of international liability of the States, upheld in
international precedents, which sets forth that States must fulfill their international
obligations under the Convention in good faith (pacta sunt servanda) and, as indicated
by the Court and Article 27 of the Vienna Convention on the Law of Treaties of 1969, a
party may not invoke the provisions of its internal law as a justification for its failure to
perform a treaty.1 Otherwise, the rights embodied in the American Convention would
not be effectively protected or would have no effectiveness within the domestic
jurisdiction of States Parties.
6.
That the obligations of the State, as mentioned in these provisional measures,
regarding Mr. Ronald Ernesto Raxcacó-Reyes have been replaced by the obligations
originated in the Judgment rendered by the Court on September 15, 2005, in the Case
of Raxcacó-Reyes v. Guatemala.
7.
The obligations of the State set forth in these provisional measures regarding
Mr. Hugo Humberto Ruiz-Fuentes ceased due to his death.
8.
The circumstances in which the death of Mr. Hugo Humberto Ruiz-Fuentes
occurred have not been clarified by the State; however, pursuant to the purpose of
these provisional measures, this Court must not rule on the alleged excess in the use
of force by Guatemalan security forces upon capturing, confronting and shooting Mr.
Ruiz-Fuentes.
9.
The Court has received no information as to compliance with the provisional
measures ordered by the Court regarding Mr. Bernardino Rodríguez-Lara and Mr. Pablo
Arturo Ruiz-Almengor.
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the powers conferred upon it by Article 63(2) of the American
Convention on Human Rights and Article 25 of the Rules of Procedure of the Court,
DECIDES:
1.
To consider the provisional measures adopted to the benefit of Mr. Hugo
Humberto Ruiz-Fuentes closed.
2.
To require the State to submit a report on the steps taken to comply with the
provisional measures adopted to the benefit of Mr. Bernardino Rodríguez-Lara and Mr.
Pablo Arturo Ruiz-Almengor, no later than August 21, 2006, and to continue informing
the Inter-American Court of Human Rights on compliance with the measures ordered
every two months following submission of said report.
1
Cf. Case of the Constitutional Court. Monitoring Compliance with judgment. Order of the InterAmerican Court of Human Rights of February 7, 2006, Considering clause No. 5; Case of “19 Merchants.”
Monitoring Compliance with judgment. Order of the Inter-American Court of Human Rights of February 2,
2006, Considering clause No. 5; Case of Ricardo Canese. Monitoring Compliance with judgment. Order of the
Inter-American Court of Human Rights of February 2, 2006, Considering clause No. 5.
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