5
7.
The purpose of urgent and provisional measures, in International Human
Rights Law, goes further as, in addition to their essentially preventive nature, they
effectively protect fundamental rights, inasmuch as they seek to avoid irreparable
damage to persons.
8.
It is the responsibility of the State to adopt effective security measures to
protect all persons under its jurisdiction, and this duty is even more evident with
respect to those involved in proceedings before the protection bodies of the
American Convention.
9.
The Court has examined the facts and circumstances that gave rise to the
October 2, 2003 Order of the President (supra Having Seen 7), which it ratifies
because it finds that it is in accordance with the law and the merits in the
proceedings.
10.
To date, the State has not submitted the urgent report required by the
October 2, 2003 Order of the President regarding measures adopted to effectively
ensure the lives, the right to humane treatment and freedom of expression of Carlos
Colmenares, Noé Pernía and Pedro Nikken.
11.
Non-compliance by the State with the duty to report to the Court is especially
grave due to the juridical nature of urgent measures and provisional measures,
which seek to prevent irreparable damages to persons in situations of extreme
gravity and urgency.
12.
The provision set forth in Article 63(2) of the Convention makes it binding for
the State to adopt the provisional measures ordered by this Court, because
according to the basic principle of law regarding the international responsibility of
the State, backed by international case law, the States must comply in good faith
with their treaty obligations (pacta sunt servanda).
13.
The State also has the obligation to investigate the facts that gave rise to the
request for provisional measures, with the aim of identifying those responsible and
punishing them as appropriate.
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 its Rules of Procedure,
DECIDES:
1.
To ratify in its entirety the October 2, 2003 Order of the President of the
Inter-American Court of Human Rights.
2.
To reiterate the order to the State to adopt, forthwith, such measures as may
be necessary to protect the life and the right to humane treatment of Luisiana Ríos,
Armando Amaya, Antonio José Monroy, Laura Castellanos and Argenis Uribe.
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