4
c)
The information provided by the State and the representative is
contradictory as regards the way in which the State has been implementing
the measures of protection and the regularity of the protection plan; and,
d)
It took note of the investigations conducted to clarify what happened
in the case of Bonifacio Osorio Ixtapa. However, it observed that, in its
reports, the State did not refer to all the investigative measures ordered by
the Court.
CONSIDERING:
1.
That the State ratified the American Convention on Human Rights on May 25,
1978, and, pursuant to Article 62 thereof, accepted the compulsory jurisdiction of
the Court on March 9, 1987.
2.
That Article 1(1) of the Convention embodies the obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
3.
That, under international human rights law, urgent and provisional measures
also serve the purpose of protecting fundamental human rights and avoiding
irreparable damage to persons.
4.
That provisional measures are of an exceptional nature; they are ordered
based on the needs for protection and, once ordered, must be maintained, provided
the Court considers that the basic requirements of extreme gravity and urgency and
the prevention of irreparable damage to the rights of the persons they protect
subsist.
5.
That, according to the Order of the Inter-American Court of November 25,
2006, the State must, inter alia, maintain any measures it has adopted and adopt,
forthwith, those necessary to protect the life and integrity of the beneficiaries of the
provisional measures (supra Having seen paragraph 1).
6.
That the State referred to the situation of Bonifacio Osorio Ixtapá, beneficiary
of these provisional measures (supra Having seen paragraph 2). That the
representative has advised, inter alia, that Mr. Osorio Ixpatá “as a measure of
personal security and, owing to the psychological burden and the emotional stress
for his family and himself […], has decided to separate himself from his work within
the organization, so that, at the present time, he has no direct relationship with
ECAP and, to date […] has not reported receiving any other threats or harassment”
(supra Having seen paragraph 4).
7.
That, based on the information submitted by the representative (supra
Having seen paragraph 4), the Court finds that the situation of risk, extreme gravity
and urgency that gave rise to the adoption of the provisional measures to protect
the life and integrity of Bonifacio Osorio Ixtapá no longer exists; it therefore
considers that the provisional measures ordered in his favor should be lifted, since
he no longer works with the ECAP Team.
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