6
possible danger they face, it is not reasonable to maintain the protective measures. In this
matter, the scant information provided has created a situation of uncertainty at certain
times, which is incompatible with the preventive and protective nature of provisional
measures and, consequently, makes supervision of their implementation difficult.9
14.
Consequently, based on the information provided by the representatives and the
State’s observation that the conditions of extreme gravity and the urgency of avoiding
irreparable harm to the life and physical integrity of the beneficiaries do not exist, the Court
finds that it is in order to lift the provisional measures adopted in this matter.
15.
Notwithstanding the above, the Court recalls that Article 1(1) of the Convention
establishes the general obligations of the States Parties to respect the rights and freedoms
enshrined therein and to ensure their free and full exercise to all those subject to their
jurisdiction at all times. For their part, provisional measures are of an extraordinary nature
and are complementary to this general State obligation. In this regard, the justification for
the Court to lift the provisional measures cannot entail the State being relieved of its treatybased protection obligations. Hence, the Court emphasizes that, irrespective of the
existence of specific provisional measures, the State is obliged to guarantee the rights of
Mrs. Pérez Torres and her immediate family in the event of their eventual return to Mexico.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted to it by Article 63(2) of the American Convention on
Human Rights and Article 27 of the Court’s Rules of Procedure,
DECIDES:
1.
To lift and conclude the provisional measures ordered by the Inter-American Court of
Human Rights in favor of Rosa Isela Pérez Torres and her immediate family members.
2.
To order the Secretariat to notify the present Order to the Inter-American
Commission on Human Rights, the representatives of the beneficiaries, and the State of
Mexico.
3.
To close this file.
9
Cf. Case of the Mapiripán Massacre. Provisional measures with regard to Colombia. Order of the InterAmerican Court of Human Rights of March 1, 2011.