8
13.
That the State should use all possible means to avoid irreparable damage to
the members of FAFG. In this regard, the Court considers that the right to life and
the right to personal integrity “imply not only that the State must respect them
(negative obligation), but also that the State must adopt all appropriate measures to
guarantee them (positive obligation) in accordance with its general obligation
established in Article 1(1) of the American Convention.”6
14.
That the positive coordination of the State and the representatives in the
implementation of the measures of protection in this case constitutes important
progress in the development of the process and in the exercise of the principles that
inspire the American Convention (supra Having seen paragraph 11(a) and (e)).
15.
That the background information provided by the parties (supra ninth
considering paragraph) concerning the acts that the members of FAFG have
experienced, reveals prima facie a situation of extreme gravity and urgency
regarding the right to life and personal integrity of its members, as well as of its
Director’s next of kin.
16.
That the standard for the prima facie assessment of a case and the
application of presumptions in the face of the need for protection have led the Court
to order provisional measures on different occasions. Consequently, the Court
considers it necessary to protect these persons with provisional measures in light of
the provisions of the American Convention.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To ratify all the terms of the Order of the President of the Inter-American
Court of Human Rights of April 21, 2006, and, consequently, to require the State of
Guatemala to maintain the measures it has adopted and to adopt, forthwith, all
necessary measures to protect the rights to life and personal integrity of the
following persons, and to this end, it must take into account the gravity of the
situation and the specific circumstances of the danger: Fredy Armando Peccerelli
Monterroso, Adriana Gabriela Santos Bremme, Alan Gabriel Robinsón Cañedo, Alma
Nydia Vásquez Almazán, Álvaro Luis Jacobo González, Ana Dolores Arriola Carrillo,
Beatriz Díaz Arreaga, Blanca Noemí Barcenas Albizurez, Byron Estuardo García
Méndez, Carlos Rene Jacinto, Claudia Eugenia Rivera Fernández, Dania Marianela
6
Cf. the case of the Capital Region Yare I and Yare II Penitentiary Center. Provisional Measures,
supra note 1, sixteenth considering paragraph; the the case of Monagas Judicial Detention Center “La
Pica”. Provisional Measures, supra note 5, eighteenth considering paragraph; and the case of the Children
and Adolescents deprived of liberty in the FEBEM “Tatuapé Complex.” Provisional Measures. Order of the
Inter-American Court of Human Rights of November 30, 2005, fifteenth considering paragraph.
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