16
54.
That, in relation to the next of kin of Mr. Otoniel de la Roca-Mendoza, the Court
notes that incidents of harassment took place in November 2006 and June 2007. This,
together with the statements made by the representatives at the private hearing,
provides sufficient grounds to warrant maintaining the provisional measures in favor of
Mr. de la Roca’s next of kin.
55.
That the Tribunal notes that, during the time these provisional measures were
in effect, the State has failed to fully comply with them even though the main purpose
of the adoption of such measures is the effective protection of the life and safety of the
persons in favor of whom they are ordered.
56.
That, within four months, the State must submit information about the steps
taken to plan and effectively implement these provisional measures as well as about
the participation of the beneficiaries in such planning and implementation process.
57.
That, in addition, the State has four months to submit a report containing a
detailed evaluation, conducted by the relevant internal agencies, of the situation of
extreme gravity and urgency facing each one of the beneficiaries of the provisional
measures.
58.
That, in relation to the obligation of the State to investigate, forthwith, the facts
that led to the adoption of these provisional measures (second operative paragraph of
the Order of March 11, 2005), the Court notes that the State has recognized that it has
experienced difficulty with the investigation and that the representatives and the
Commission have pointed out that an effective investigation and ensuing punishment
of those responsible for the violations are necessary measures to protect the life and
safety of the beneficiaries.
59.
That the Court deems it pertinent to analyze the relationship between the lack
of investigation and the situation of extreme gravity and urgency, for which purposes,
the State and the representatives are required to submit information to prove or
disprove that the lack of investigation places the beneficiaries of the provisional
measures under circumstances of extreme gravity and urgency to avoid irreparable
damage to their lives or safety.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 63(2), 67 and 68(1) of the American Convention, and Articles 25(1)
and 25(2) of its Statute and 25(1) and 29(2) of its Rules of Procedure,
DECLARES,