-2January 14, 2006. On February 16, 2006, Mr. Sánchez began "to take action
to renew his temporary residence with work permit". He was given a
provisional card granting him the migratory condition of "request pending",
effective until May 17, 2006. Furthermore, due to the fact that, at present,
the Association lacks a Director, Mr. Sánchez assumed this role;
b)
on March 23, 2006, Mr. Sánchez-González and Mr. José Laínez,
Chairman of the Governing Board of Asociación Pro-Búsqueda, received
notifications from the Dirección General de Migración (General Migration
Board) of El Salvador, whereby they were summoned to appear in the
aforementioned General Migration Board on March 28, 2006. The purpose of
summoning Mr. Sánchez-González was "to inform him that he was charged
with the offense of illegally staying in the country and continuing to work
without due authorization, pursuant to Articles 6, 29 and 66 of the Migration
Law." The purpose of summoning the Chairman of the Governing Board of
Asociación Pro-Búsqueda was "to inform him that he was charged with the
offense of illegally hiring aliens, pursuant to Article 62 of the Migration Law;"
c)
Asociación Pro-Búsqueda de Niñas y Niños Desaparecidos (Association
for the Search of Disappeared Children) has criticized the measures adopted
by the State to comply with the Judgment entered by the Inter-American
Court, inasmuch as it considers that said measures do not stay within the
parameters established in said decision. Officials from Pro-Búsqueda made
public statements rejecting the act performed by the State on March 22,
2006, by means of which it intended to comply with the Court's order
regarding the state duty to publicly acknowledge its responsibility and redress
the damage caused to the victims and their next of kin. The notifications
received by Mr. Mario Sánchez and the Chairman of the Governing Board of
Asociación Pro-Búsqueda summoning them to appear before the General
Migration Board "seem to be related to these statements, for they came a day
after said statements were made;" and
d)
“Pro-Búsqueda fears that Mr. Sánchez will probably be deported
immediately after attending the meeting to which he was summoned. [Said]
deportation would put the work of Pro-Búsqueda at risk", and it would also
imperil Mr. Sánchez' family life, for he is married to a Salvadoran citizen.
4.
In view of the foregoing, the representatives requested the Court:
A.
To adopt provisional measures in favor of Mr. José Mario Sánchez-González.
B.
To call upon the Salvadoran State to stop any potential deportation action against Mr. Mario
Sánchez-González until the submitted request for renewal of temporary residence is decided.
5.
The note of March 27, 2006, wherein the Secretariat of the Court, as
instructed by the President of the Court, granted the State and the Inter-American
Commission a 24-hour term to submit comments on the aforementioned request for
provisional measures.
6.
The brief of March 29, 2006 and its Appendixes, wherein the State submitted
its comments on the representatives' request for provisional measures (supra Having
Seen clauses No. 2 and 5). In said comments, El Salvador pointed out, inter alia,
that on March 28, 2006, Mr. Sánchez appeared before the General Migration and
Aliens Board, together with his attorney and the General Judicial-Administrative
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