5
7.
That the request for provisional measures is related to the case of t he
Constitutional Court, currently under consideration before the Court.
8.
That the Court considers that the State had the obligation, in conformity with
the Order of the President, of April 7, 2000, to order the adoption of whatever
measures were necessary to “ensure effectively the physical, psychological and
moral integrity of Delia Revoredo-Marsano-de-Mur, petitioner in the Constitutional
Court Case under consideration by the Court.”
9.
That the Court has established that “it is the responsibility of the State to
adopt security measures to protect all those who are subject to its jurisdiction; this
obligation is even more evident as regards those who are involved in proceedings
before the supervisory organs of the American Convention.”1
10.
That this Court has drawn the attention of some States to the omissions
incurred with respect to their obligation to take steps relative to the provisional
measures ordered by the Tribunal.2
11.
That, to date, the State has failed to submit the urgent report requested by
the Order of the President of April 7, 2000, both on the measures adopted to ensure
effectively the physical, psychological and moral integrity of Delia RevoredoMarsano-de-Mur, and on her situation.
12.
That the event of default by the State is particularly serious given the legal
nature of the provisional measures, which are intended to prevent irreparable
damage to persons in a situation of extreme gravity and urgency.
13.
That, as pointed out by this Court, “the States Parties to the Convention must
guarantee compliance with its provisions and its effects (effet utile) within their own
domestic laws.3
14.
That the provision established in Article 63(2) of the Convention makes it
mandatory for the State to adopt the provisional measures ordered by this Tribunal,
since there stands “a basic principle of the law of international state responsibility,
1
Cfr. Inter alia, Order of the President of the Inter-American Court of Human Rights of October 28,
1996, Provisional Measures in the Giraldo-Cardona Case, Considering N° 7; Order of the President of the
Inter-American Court of Human Rights of March 23, 1998, in the Clemente Teherán et al. Case,
Considering N° 7; Order of the Inter-American Court of Human Rights of November 17, 1999, Provisional
Measures in the Digna Ochoa and Plácido et al. Case, Considering N°7; and Order of the President of the
Inter-American Court of Human Rights of April 7, 2000, Urgent Measures in the Constitutional Court Case,
Considering N° 9, and supra Having seen N° 9.
2
Cfr. Inter alia, Order of t he Inter-American Court of Human Rights of June 19, 1998, in the
Carpio-Nicolle Case; Order of the Inter-American Court of Human Rights of November 27, 1998 in the
Carpio-Nicolle Case; Order of t he Inter-American Court of Human Rights of November 27, 1998, in the
Giraldo-Cardona Case; Order of the Inter-American Court of Human Rights of September 30, 1999, in the
Giraldo-Cardona Case; and Order of the Inter-American Court of Human Rights of November 19, 1999, in
the Cesti-Hurtado Case.
3
I-A Court H.R., Ivcher-Bronstein Case, Competence, Judgment of September 24, 1999, Series C
N° 54, par. 37, and Constitutional Court Case, Competence, Judgment of September 24, 1999, Series C
N° 55, par. 36.