8
information provided, it could not be inferred that the State has responded to the habeas
corpus petition filed by the next of kin of Mr. Natera on November 16, 2009. Before the lack
of information on the whereabouts of Mr. Natera Balboa, it can be presumed that he is still
in grave risk of having his rights to life and humane treatment violated.
14.
Pursuant with the Order of the President of the Court (supra Having Seen paragraph
5), the State had to immediately adopt the measures necessary to determine the situation
and whereabouts of Eduardo José Natera Balboa and to protect his life and personal
integrity. Likewise, it had to present a report in this regard within the requested time
period, specifically by December 8, 2009, which up to this date has not been received at the
Secretariat of the Tribunal.
15.
In what refers to the implementation of the provisional measures ordered, the
compelled States shall carry out all the diligences necessary for the effective protection of
the beneficiaries of the same, pursuant with the Court’s instructions. This obligation includes
the duty to inform the Tribunal regarding the implementation of the provisional measures in
the terms and with the regularity indicated by it.13
16.
In the present case the State has failed to comply with its duty to inform in a duly
and timely manner. Therefore, the Court ratifies the order of its President and requires that
the State inform in the most urgent and diligent manner of the situation and whereabouts
of Mr. Natera Balboa and the measures issued in his favor, in attention to the protection
needs of the present matter.
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 Articles 27 and 31 of the Rules of Procedure of the Tribunal,
Resolves to:
1.
Ratify the Order of the President of the Court of December 1, 2009 and, therefore,
the State shall immediately adopt the measures necessary to determine the situation and
whereabouts of Eduardo José Natera Balboa and to protect his life and persona integrity.
2.
Reiterate that the State has the obligation to inform the Inter-American Court in a
specific and detailed manner of the implementation of the measures ordered.
Corpus in Emergency Situations (Arts. 27(2), 25(1), and 7(6) of the American Convention on Human Rights).
Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8, para. 35.
13
Cfr. Case of Marta Colomina and Liliana Velásquez. Provisional Measures regarding Venezuela. Order of
the Inter-American Court of Human Rights of July 4, 2006, Considering clause eight.