-3Attorney of Asociación Pro-Búsqueda, who were granted the right to be heard. On
said occasion, the State explained the punishment applicable to Mr. Sánchez,
pursuant to Articles 29, 62 and 66 of the Migration Law, "which was exclusively of an
economic nature", "and ranged between two dollars, eighty-six cents and one
hundred fourteen dollars, twenty-nine cents, so that at no time did personnel at the
General Migration and Aliens Board express, in writing or verbally, that the
punishment might consist in the expulsion of Mr. Sánchez-González from the
country."
7.
The brief of March 29, 2006, wherein the Inter-American Commission
submitted its comments on the aforementioned request for provisional measures
(supra Having Seen clauses No. 2 and 5). In said comments, the Inter-American
Commission pointed out, inter alia, that it had been informed that on March 28, 2006
the potential deportation action "which was regarded by petitioners as the risk factor
in this matter" did not take place. Additionally, it expressed that "[a]t this moment,
therefore, the conditions for the application of Article 63(2) of the Convention are not
met."
8.
The brief of April 4, 2006 and its Appendixes, wherein the representatives of
the victims and their next of kin requested the Court "to bring the proceedings of the
request for provisional measures in favor of Mr. Mario Sánchez to an end." In this
respect, they informed, inter alia, that Mr. Sánchez "was not deported on March 28,
2006, as was feared by members of Asociación Pro-Búsqueda de Niñas y Niños
Desaparecidos (Association for the Search of Disappeared Children)."
CONSIDERING:
1.
That El Salvador has been a State Party to the American Convention on
Human Rights (hereinafter "the Convention" or "the American Convention") since
June 23, 1978 and recognized the compulsory jurisdiction of the Court on June 6,
1995.
2.
That Article 63(2) of the Convention provides that
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
3.
That, in relation to this matter, Article 25(1) and 25(2) of the Rules of
Procedure provides that:
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
[w]ith respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[…]
4.
That the provisional measures ordered by the Tribunal must be founded on
the existence of a real situation of extreme gravity and urgency and irreparableness
of the damage that may be caused to the rights at risk of being infringed.
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