6
6.
That Article 1(1) of the Convention embodies the obligation of States Parties
to respect the rights and freedoms recognized therein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms.
7.
That the adoption of provisional measures does not imply a decision on the
merits of the dispute that exists between the petitioners and the State. By adopting
provisional measures, the Court is merely ensuring that it can exercise its mandate
faithfully, pursuant to the Convention, in cases of extreme gravity and urgency that
require measures of protection to avoid irreparable damage to persons.2
8.
That the States should grant effective and sufficient guarantees to the
defenders of human rights so that they may carry out their activities freely, and
should pay particular attention to actions that limit or hinder their work, since this
work makes a positive and complementary contribution to the State’s efforts as
guarantor of the rights of those subject to its jurisdiction.3
9.
That, pursuant to the Order of the Inter-American Court (supra Having seen
paragraph 1), the State was required, among other matters: to adopt measures to
protect the life and personal integrity of Mery Naranjo Jiménez and her next of kin:
Juan David Naranjo Jiménez, Alejandro Naranjo Jiménez, Sandra Janeth Naranjo
Jiménez, Alba Mery Naranjo Jiménez, Erika Johann Gómez, Javier Augusto Torres
Durán, Heidi Tatiana Naranjo Gómez, Sebastián Naranjo Jiménez, María Camila
Naranjo Jiménez, Aura María Amaya Naranjo, Esteban Torres Naranjo; of María del
Socorro Mosquera Londoño, and of the child, Luisa María Escudero Jiménez; to
investigate the facts that gave rise to the adoption of the provisional measures in
order to identify those responsible and, if applicable, punish them; to allow the
beneficiaries or their representatives to take part in the planning and implementation
of the measures of protection and keep them informed about progress in the
measures ordered by the Court, and to submit the required reports to the Court.
10.
That, from the information provided by the Commission and the
representatives (supra Having seen paragraphs 4, 5, 6 and 7) concerning the need
to maintain these measures of protection in favor of Mery Naranjo Jiménez and her
family, the Court finds it necessary to reiterate to the State that it should adopt and
implement, forthwith and effectively, all necessary measures to guarantee the
protection of the life and personal integrity of the said beneficiaries of these
provisional measures. Consequently, the Court reiterates that the State should
maintain permanent protection of the place of residence of Mery Naranjo Jiménez
and her family.
11.
That, in its Order of July 5, 2006, the Inter-American Court required the
Inter-American Commission and the beneficiaries or their representatives to inform
the Court about the current situation of the child, Luisa María Escudero Jiménez, so
2
Cf. Matter of Mery Naranjo et al. Provisional measures, supra note 1, seventh considering
paragraph; Matter of Guerrero Gallucci and Martínez Barrios. Provisional measures, supra note 3,
fourteenth considering paragraph; Matter of Yare I and Yare II Capital Region Penitentiary Center.
Provisional measures, supra note 1, seventh considering paragraph.
3
Cf. Matter of Mery Naranjo et al. Provisional measures, supra note 1, eighth considering
paragraph; Matter of the Forensic Anthropology Foundation. Provisional measures. Order of the InterAmerican Court of Human Rights of April 21, 2006, ninth considering paragraph, and Matter of the
Monagas Judicial Confinement Center (“La Pica”). Provisional measures. Order of the Inter-American Court
of Human Rights of February 9, 2006, fourteenth considering paragraph.
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