8
1.
Ratify the Ruling of the President on Urgent Measures of December 21, 2004 in
all its terms.
2.
Call upon the State to adopt, without delay, the measures necessary to protect
the life and personal integrity of Mr. Fermín Ramírez, in order to avoid any hindering of
his case before the Inter-American system for the protection of human rights.
3.
Call upon the State to inform the Inter-American Court of Human Rights of the
measures adopted in complying with this Ruling no later than March 21, 2005.
4.
Call upon the representatives of the alleged victim, beneficiary of the urgent
measures ordered, to present their observations to the State’s report within a one-week
term as of the receipt of the mentioned state report, and upon the Inter-American
Commission of Human Rights to present its observations to the State’s report in a twoweek period as of its receipt.
5.
Call upon the State to, after its first communication (supra operative paragraph
3), to continue informing the Inter-American Court of Human Rights, every two months,
of the measures adopted and call upon the representatives of the alleged victim,
beneficiary of the urgent measures ordered, and upon the Inter-American Commission
on Human Rights to present their observations to said State Reports within a four and
six-week period respectively, as of the receipt of the mentioned State reports. […]
40.
The State has presented three reports on the provisional measures ordered
and the representatives have submitted their corresponding observations. The
Commission presented its observations to the two first State reports.
Said
provisional measures are in force at the time this Judgment was issued.
41.
The application presented by the Inter-American Commission before the Court
in the present case refers to the facts that originated the issuing of the provisional
measures ordered by this Tribunal in favour of Mr. Fermín Ramírez. In consideration
of the nature of this matter, the Tribunal considers that the corresponding analysis
must be reserved for the determination of the merits regarding the controversy
presented.
VI
EVIDENCE
42.
Before turning to the analysis of the evidence received, the Court, pursuant to
Articles 44 and 45 of the Rules of Procedure, will make reference to certain general
considerations applicable to the specific case, most of which have been developed in
the jurisprudence of this Tribunal.
43.
The principle of the presence of the parties to dispute applies to evidentiary
matters, and it involves respecting the parties’ right to a defense, being this principle
one of the foundations of Article 44 of the Rules of Procedure, in what refers to the
time frame in which the evidence must be submitted, in order to secure equality
among the parties.3
3
Cfr. Case of Caesar. Judgment of March 11, 2005. Series C No. 123, para. 41; Case of the
Serrano Cruz Sisters. Judgment of March 1, 2005. Series C No. 120, para. 31; and Case of Lori Berenson
Mejía. Judgment of November 25, 2004. Series C No. 119, para. 63.
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