6
9.
The information submitted by the Commission in the instant case
demonstrates prima facie the existence of a threat to the life and the right to
humane treatment of Lysias Fleury. The practice of prima facie assessment of a
case and application of presumptions in face of the need for protection, have led the
Court to order Provisional Measures various times.3
10.
The case that the Commission refers to in its request is not being heard by
the Court regarding the merits, and therefore a decision on provisional measures
does not involve a decision on the merits of the controversy between the applicants
and the State.4
11.
Both the Commission and the State must submit their reports and their
observations on provisional or urgent measures within the term set by the Court or
by the President.
12.
States must comply in good faith with their obligations under conventions
(pacta sunt servanda) as set forth in Article 26 of the 1969 Vienna Convention on
the Law of Trieties, which codifies a basic principle of general international law.
13.
The March 18, 2003 Order of the President of the Court was in accordance
with the facts and circumstances and was adopted in conformity with the law, all of
which justified adoption of urgent measures.
NOW 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 25 of the Rules of Procedure,
DECIDES:
1.
To ratify in its entirety the March 18, 2003 Order of the President of the
Inter-American Court of Human Rights.
3
Cf., inter alia, Helen Mack Chang et al. Provisional Measures. August 14, 2002 Order of the
President of the Court, Considering five; Liliana Ortega et al. Case. Provisional Measures. November 27,
2002 Order of the Court, Considering five; Luis Uzcátegui Case. Provisional Measures. November 27, 2002
Order of the Inter-American Court of Human Rights, Considering five; Digna Ochoa and Plácido et al. Case.
Provisional Measures. November 17, 1999 Order of the Inter-American Court of Human Rights. Series E
No. 2, Considering five; Alvarez et al. Case. Provisional Measures. July 22, 1997 Order of the President of
the Inter-American Court of Human Rights, Series E No. 2, Considering five; and Colotenango Case.
Provisional Measures, June 24, 1994 Order of the Inter-American Court of Human Rights. Series E No. 1,
Considering five.
4
Cf., inter alia, Case of the Communities of Jiguamiandó and Curbaradó. Provisional Measures.
March 6, 2003 Order of the Court, Considering twelve; Liliana Ortega et al. Case. Provisional Measures.
November 27, 2002 Order of the Inter-American Court of Human Rights, Considering six; Luis Uzcátegui
Case. Provisional Measures. November 27, 2002 Order of the Inter-American Court of Human Rights,
Considering six.
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