b) Indicate clearly whether in the event Ms. De La Cruz Flores appears at the
proceedings, she would be allowed to return to Chile to continue with her
psychological treatment.
13. Lastly, the Court recalls that States have a constant and permanent obligation to
comply with their general obligations as established under Article 1(1) of the Convention
to respect the rights and freedoms recognized therein and to guarantee their free and
full exercise to all persons under its jurisdiction.5 In addition, the Court recalls that the
State must continue adopting the measures necessary to comply with its obligations
stipulated in the first and fifth operative paragraphs of the Judgment on the Merits,
Reparations, and Costs of November 18, 2004 in the instant case, to "observe the right
to freedom from ex post facto laws embodied in Article 9 of the American Convention
and the requirements of due process in the new trial of María Teresa De La Cruz Flores”
and “provide medical and psychological treatment to the victim through the State’s
health services, including the provision of free medication” (supra having seen paragraph
1).
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human
Rights, Articles 25(1) and 30 of the Court’s Statute, and Articles 31(2) and 69 of the
Rules of Procedure of the Court,
DECIDES TO:
1.
Postpone making a final decision on the request for provisional measures
submitted by the representative of the victim to the benefit of Ms. De La Cruz Flores
until the requested information, which must be forwarded by March 30, 2012, is
received, in accordance with considering paragraph 12 of this Order.
2.
Ask the Secretariat of the Court to notify this Order to the State of Peru, the
Inter-American Commission on Human Rights, and the representative of the victim.
5
Cf. Case of Velásquez Rodríguez. Provisional Measures with regard to Honduras. Order of the Court of
January 15, 1988, third considering paragraph; Matter of Belfort Istúriz et al., Provisional Measures with regard to
Venezuela. Order of the Court of April 15, 2010, twenty-second considering paragraph, and Matter of Four Ngöbe
Indigenous Communities and its Members, Provisional Measures with regard to Panama. Order of the Court of May
28, 2010, eighteenth considering paragraph.
5