6 “Así es la Noticia” newspapers or associated with their journalistic activities, in light of the provisions of the American Convention. 13. That the case to which the Commission’s request refers is not now pending with the Court for a decision on the merits; therefore, adoption of provisional measures does not imply a decision on the merits of the dispute between the petitioners and the State.4 In adopting provisional measures, the Court is merely guaranteeing that it is able to faithfully discharge its mandate under the Convention for cases of extreme gravity and urgency that require measures of protection to avoid irreparable harm to persons. 14. That as of July 6, 2004, the date of issuance of the present Order, the State has still not replied to the Secretariat’s note of June 29, 2004 (supra ‘Having Seen’ 5). THEREFORE, THE INTER-AMERICAN COURT OF HUMAN RIGHTS, in exercise of its authority under Article 63(2) of the American Convention on Human Rights and Article 25 of its own Rules of Procedure, RESOLVES: 1. To call upon the State to adopt forthwith the measures necessary to safeguard and protect the life, person and freedom of expression of Sergio Dahbar, Ramón José Medina, Enrique Otero, Rafael Lastra, Ibéyise Pacheco, Patricia Poleo, Marianela Salazar, Henry Delgado, Alex Delgado and Edgar López, and any other persons at the facilities of the “El Nacional” and the “Así es la Noticia” newspapers or anyone associated with the operation of those newspapers. 2. To call upon the State to adopt forthwith the necessary measures to provide perimeter protection at the offices of the “El Nacional” and “Así es la Noticia” newspapers. 3. To call upon the State to investigate the facts that necessitated adoption of these provisional measures in order to identify those responsible and impose the appropriate punishments. 4. To call upon the State to allow the beneficiaries of these measures to participate in their planning and implementation and, in general, to keep them informed of the progress made with execution of the measures ordered by the InterAmerican Court of Human Rights. 4 Cf., inter alia, Case of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of Human Rights of December 2, 2003, ‘Considering’ eight; Case of Lysias Fleury. Provisional Measures. Order of the Inter-American Court of Human Rights of June 7, 2003, ‘Considering’ ten; Case of the Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of the Inter-American Court of Human Rights of March 6, 2003, ‘Considering’ twelve; and Case of Urso Branco Prison. Provisional Measures. Order of the Inter-American Court of Human Rights of June 18, 2002, ‘Considering’ ten.

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