rights of the representatives in this matter, for which reason it does not find the request
to broaden the provisional measures to their benefit to be admissible at this time.
23.
Without prejudice to these considerations, the President finds it opportune to
reiterate that Article 1(1) of the American Convention sets forth the general obligations
of States Parties to respect the rights and liberties enshrined in the Convention and to
guarantee the free and full exercise of these rights for all individuals subject to their
jurisdiction. These obligations apply not only with regard to State power, but also with
regard to the actions of private third parties.20
24.
Likewise, the President reiterates that the State has a specific duty to protect
those persons who work in nongovernmental organizations, as well as other groups or
individuals who work for the defense of human rights, as the work that they do
constitutes a positive and complementary contribution to the State’s efforts in its
position as guarantor of the rights of persons under its jurisdiction.
III. Regarding the request to call a hearing on this matter
25.
The President observes that on two occasions the representatives have
requested that a public hearing be held on this matter, because the State has not taken
concrete and effective action toward locating the presumably disappeared beneficiaries,
has taken “no action" to protect the relatives of the beneficiaries, in keeping with the
requirements of the Order of the Tribunal of November 26, 2010, and its response did
not address the gravity and urgency of the situation in this matter.21
26.
This Presidency notes that in the aforementioned Order of November 26, 2010,
the Court asked the State to submit a complete report by January 31, 2011, at the latest
on the provisions of operative paragraphs 1, 2 and 3 of that Order, and to submit certain
specific information. It observes that the State submitted that report on February 21,
2011. However, it did not contain detailed and complete information on the measures
effectively adopted to protect the life and integrity of all the beneficiaries, or on the
measures adopted since the submission of its last report to locate the whereabouts of
the presumably disappeared beneficiaries, in keeping with the orders of the Tribunal
found in operative paragraph 6 of the aforementioned order of November 26 from 2010.
27.
By virtue of this, and given the request by the representatives for a hearing, the
President finds it appropriate to call a public hearing during the next Regular Period of
Sessions, which will take place from June 27 to July 9, 2011, with the purpose of hearing
specific and updated information from the State, as well as the comments of the
representatives and of the Inter-American Commission on the status of implementation
of these provisional measures.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by way of 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 Court,
20
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Court of
January 15, 1988, Considering 3; Case of Caballero Delgado and Santana, supra 2, Considering 25 Matter of
María Lourdes Afiuni. Provisional Measures regarding Venezuela. Order of the Court of March 2, 201,
Considering 12.
21
The representatives asked that a hearing be called on this matter in briefs dated November 22, 2010,
and January 25, 2011.
11