6
10.
That the Court considers that in the instant case it is not possible to assess the
facts at issue without giving an opinion on the merits of the case, which implies
revising the conformity of the facts denounced by the alleged victims to the American
Convention. The opinion on the merits of a case submitted to the Court must be issued
in the judgment rendered in that case rather than in a decision regarding the adoption
of provisional measures. In fact, the latter may imply a prior judgment via an
interlocutory proceeding, determining some of the facts submitted to the consideration
of the Court and their consequences.4 Therefore, under Article 63(2) of the
Convention, it is not incumbent upon the Court to order “the provisional suspension of
all administrative and judicial proceedings started against Major Adrián MeléndezQuijano, either under the ordinary jurisdiction or the special military courts,” as
requested by the representatives (supra Having Seen clause 3(a)).
*
*
*
11.
That in accordance with the observations of the representatives and of the InterAmerican Commission in that no progress has been made as to the adoption of
provisional measures to immediately afford protection to Adrián Meléndez-Quijano,
Marina Elizabeth García de Meléndez, Andrea Elizabeth Meléndez-García, Estefani
Mercedes Meléndez-García, Pamela Michelle Meléndez-García, Adriana María MeléndezGarcía, Gloria Tránsito Quijano viuda de Meléndez, Sandra Ivette Meléndez-Quijano,
Eurípides Manuel Meléndez-Quijano, Roxana Jacqueline Mejía-Torres, and Manuel
Alejandro Meléndez-Mejía, the Court takes account of the arguments of the State
(supra Having Seen clause 5) and reiterates that the State must adopt all such
measures as may be necessary to effectively protect the life and physical integrity of all
the beneficiaries, as provided by the Court in its Order of May 12, 2007 (supra Having
Seen clause 1).
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Article 63(2) of the American Convention on Human Rights and Articles 25
and 29 of its Rules of Procedure,
DECIDES:
1.
To find inadmissible the request for the provisional suspension of “all the
administrative and judicial proceedings started against Adrián Meléndez-Quijano”
submitted by the representatives.
Considering clause 9. See also Case of Cesti Hurtado. Provisional Measures regarding Peru. Order of the
Court of September 11, 1997, Considering clause 5, and Case of Herrera-Ulloa. Provisional Measures
regarding Costa Rica. Order of the Court of September 7, 2001, Considering clause 8.
4
Cf. Matter of Castañeda-Gutman. Provisional Measures regarding Mexico, supra Note 3, Considering
clause 6; and Matter of Luisiana Ríos et al. Provisional Measures regarding Venezuela, supra Note 3,
Considering clause 11.
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