8
30.
That, as it has done in previous cases,11 the Court takes into account the
agreement of the parties and decides to maintain, for at least six months, the
provisional measures ordered in favor of Mrs. Karen Fischer, Ms. Daniela Carpio-Fischer,
Mr. Rodrigo Carpio-Fischer, Mrs. Martha Arrivillaga de Carpio, Messrs. Jorge CarpioArrivillaga, Rodrigo Carpio-Arrivillaga and Abraham Méndez-García, his wife and
children.
31.
That, notwithstanding the foregoing, the Court, in light of the preceding
paragraphs (supra paras. 14 through 28) and taking into account that these provisional
measures have remained in force for almost fourteen years, deems it relevant to order
the State to submit a report, within the period of time established in the operative part
hereof: a) identifying and establishing the different degrees of risk that confront each of
the persons mentioned in the preceding paragraph; b) carefully assessing for each
individual situation the existence, characteristics and origins or sources of risk, and c)
eventually defining specific, suitable and adequate means and measures of protection to
prevent the risk, if any, from becoming a reality. To such effect, the beneficiaries will
have to collaborate in full with the State, facilitating the preparation of said report.
32.
That once said report is received, the Commission and the representatives will
have the possibility of submitting such comments as they deem necessary, within the
period of time set forth in the operative part hereof.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Articles 26 and 30 of its Rules of Procedure,12
DECIDES:
1.
To call upon the State to maintain and adopt such measures as may be
necessary to continue protecting the life and personal integrity of Mrs. Karen Fischer,
Ms. Daniela Carpio-Fischer, Mr. Rodrigo Carpio-Fischer, Mrs. Martha Arrivillaga de
Carpio, Messrs. Jorge Carpio-Arrivillaga, Rodrigo Carpio-Arrivillaga and Abraham
Méndez-García, his wife and children, for at least six months.
2.
To call upon the State to send the Tribunal the report mentioned in considering
clause 31 hereof, as well as information on the implementation of the measures, by no
later than October 1, 2009.
3.
To call upon the beneficiaries’ representatives and the Inter-American
Commission to submit such comments as they may deem relevant to the report
mentioned in the preceding operative paragraph within four weeks after receiving said
report. Each party's comments are to be independent from one another.
11
Cfr. Case of the Gómez-Paquiyauri Brothers. Provisional Measures regarding Peru. Order of the Court
of May 3, 2008, considering clause seventeen.
12
Rules of Procedure of the Court, partially amended in its LXXXII Regular Session, held from January
19 through January 31, 2009.