6
basic requirements of extreme gravity and urgency are met, together with the need to
prevent irreparable damage to persons.
In this way, provisional measures are
transformed into a true jurisdictional guarantee of preventative character 3.
6.
That the disposition established in article 63(2) of the Convention obligates the
State to adopt the provisional measures ordered by this Tribunal, given the basic
principle of the law of state responsibility, backed by international jurisprudence, that
States must fulfill their treaty obligations in good faith (pacta sunt servanda) 4.
*
*
*
7.
That on October 10, 2006, the Inter-American Commission issued precautionary
measures, in which it requested that the State take the necessary steps to protect the
life and personal integrity of Major Adrián Meléndez Quijano, Eurípides Manuel
Meléndez Quijano, and their families (supra Having Seen 3).
8.
That this Court finds that, according to the information provided by the
Commission, “the State has failed to implement the precautionary measures”. The
Tribunal also finds that, according to the Commission, Major Adrián Meléndez Quijano,
Eurípedes Manuel Meléndez Quijano, and their families have continued to be the object
of monitoring, threatening phone calls, and pursuit while the precautionary measures
have been in force (supra Having Seen 3 and 4).
9.
That on April 13, 2007, the State reported that it has taken certain steps to
fulfill the Order of the President of March 24, 2007 (supra Having Seen 8).
10.
That, given the information presented by the representatives while the urgent
measures issued by the President, some of the beneficiaries of the measures have
been the object of monitoring and pursuit (supra Having Seen 9), which indicates the
persistence of a situation of extreme gravity and urgency, and possible irreparable
damage to the rights to life and personal integrity of the beneficiaries of the urgent
measures (supra Having Seen 7).
11.
That this Court deems it necessary to adopt provisional measures, due to the
fact that the precautionary measures did not produce the desired effects, and given
the information presented by the representatives and the Commission reveals, prima
facie, that Adrián Meléndez Quijano, Marina Elizabeth García de Meléndez, Andrea
Elizabeth Meléndez García, Estefani Mercedes Meléndez García, Pamela Michelle
Meléndez García, Adriana María Meléndez García, Gloria Tránsito Quijano viuda de
Meléndez, Sandra Ivette Meléndez Quijano, Eurípides Manuel Meléndez Quijano,
Roxana Jacqueline Mejía Torres, and Manuel Alejandro Meléndez Mejía are in a
situation of extreme gravity and urgency, and that their lives and personal integrity
3
Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison). Provisional
Measures. Order of the Inter-American Court of Human Rights of February 2, 1007, fourth considering
clause; Matter of the “Pueblo Indígena Kankuamo”. Provisional Measures. Order of the Inter-American Court
of Human Rights of January 30, 2007, fifth considering clause; and Case of the Miguel Castro Castro Prison
Provisional Measures. Order of the Inter-American Court of Human Rights of January 30, 2007, sixth
considering clause.
4
Cf. Case of Raxcacó Reyes. Provisional Measures. Order of the Inter.-American Court of Human
Rights of February 2, 2007, fifth Considering; Matter of Pueblo Indígena Kankuamo. Provisional Measures,
supra note 3, eighth “Considering”; and Matter of Giraldo Cardona. Provisional Measures. Order of the Inter.American Court of Human Rights of November 29, 2006, eighth “Considering”.
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