5
4.
In its June 6, 2003 Order, the Court ordered the lifting of the provisional
measures issued in favor of Justo Victoriano Martínez-Morales and their continuation
in favor of his next of kin Floridalma Rosalina López-Molina, Víctor Hansel MoralesLópez, Edgar Ibal Martínez-López, and Sylvia Patricia Martínez-López (supra Having
Seen 6).
5.
On January 6 and July 20, 2004 the State requested the lifting of the
provisional measures ordered by the Court in favor of Floridalma Rosalina LópezMolina, Víctor Hansel Morales-López, Edgar Ibal Martínez-López, and Sylvia Patricia
Martínez-López, in view of the fact that they have not suffered threats or intimidation
for several years, and that the problems stated by Víctor Hansel Martínez-López in his
complaint are completely separate from the facts that gave rise to the provisional
measures (supra Having Seen 8 and 12). The State also expressed that during the
period in which the measures have been applied, “there has been no real and
eminent danger to the beneficiaries’ lives and safety, and this has led to a change in
their legal nature” (supra Having Seen 12).
6.
In its comments, the Commission deemed it prudent to maintain the
provisional measures six months more, or for them to be gradually lifted, if possible
(supra Having Seen 15).
7.
The representatives of the beneficiaries of the provisional measures did not
send their comments on the request to lift the provisional measures, even though
they were asked to do so by this Court (supra Having Seen 14). The State, in turn,
did not send the report that was requested (supra Having Seen 13). In this regard,
information requested must be supplied within the terms set for this purpose for the
Court to be able to assess it -together with the information provided by the Stateand reach the appropriate decision on the provisional measures, bearing in mind the
circumstances of the case.
8.
Only the Court has competence to decide on continuation or lifting of the
provisional measures. Therefore, the provisional measures ordered by the Court
remain in full force and effect until the Court itself orders that they be lifted.
9.
Article 1(1) of the Convention sets forth the general obligation of the States
Parties to respect the rights and freedoms recognized in that treaty and to ensure to
all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
10.
The State is providing protection measures to Floridalma Rosalina LópezMolina, Víctor Hansel Morales-López, Edgar Ibal Martínez-López, and Sylvia Patricia
Martínez-López, and these measures consist of providing a member of the National
Police twenty-four hours a day and to regularly patrol the area near their house
(supra Having Seen 12).
11.
It is necessary to maintain, for a certain time, the provisional measures
ordered in favor of Floridalma Rosalina López-Molina, Víctor Hansel Morales-López,
Edgar Ibal Martínez-López and Sylvia Patricia Martínez-López, in compliance with the
obligation of the State to effectively ensure protection of their lives and of their right
to humane treatment, bearing in mind that there continues to be a situation in which
these persons are at risk. At the appropriate time, the Court will assess said
provisional measures taking into account the specifics of the instant case.
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