9
However, the Tribunal points out with concern that despite the fact that said inquiries
were started at the beginning of the month of January 2010, from the information
provided it cannot be concluded that the actions adopted by state authorities have
provided any specific results or positive progress that could lead to determining the
whereabouts and current situation of Rocío, Nitza, and José.
12.
It is appropriate to recall that Article 1(1) of the Convention establishes the
general obligations of the States Parties to respect the rights and liberties enshrined
therein and to guarantee their free and full exercise to all people subject to its
jurisdiction, which are imposed not only with regard to the State’s power but also with
regard to actions of individual third parties.11 The Court has established that “one of
the conditions necessary to effectively guarantee the rights to life, humane treatment
and personal freedom is compliance with the duty to investigate the violations to the
same, which is derived from Article 1(1) of the Convention along with the substantive
right that must be protected or guaranteed.”12
13.
In this sense, it is necessary to point out that every time there are reasonable
grounds to suspect that a person has been submitted to a disappearance, the prompt
and immediate action of the prosecuting and judicial authorities ordering timely and
necessary measures addressed to the determination of the whereabouts of the victims
or the location where they may be detained are indispensable.13
14.
The standard of assessment prima facie in a matter and the application of
presumptions before the needs of protection have led the Court to order measures on
different occasions.14
15.
The persons indicated by the Inter-American Commission in its request for
provisional measures would be prima facie in a situation of extreme gravity and
urgency, since their personal freedom, personal integrity, and life would be threatened
and in grave risk. Therefore, the Inter-American Court considers that the protection of
those people through provisional measures is necessary, in light of that stated in the
American Convention.
16.
The Tribunal considers it appropriate to recall that when dealing with provisional
measures the Court shall consider only and exclusively those arguments that relate
directly to the extreme gravity, urgency and need to avoid irreparable damages to
people. Any other fact or argument may only be analyzed and resolved during the
11
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the InterAmerican Court of Human Rights of January 15, 1988, Considering Clause number three; Case of Rosendo
Cantú et al., supra note 5, Considering Clause number four; and Case of the La Rochela Masscare.
Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of November
19, 2009, Considering Clause number four.
12
Cf. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits,
Reparations, and Costs. Judgment of July 10, 2007. Series C No. 167, para. 100; Case of the Miguel Castro
Castro Prison. Judgment of November 25, 2006. Series C No. 160, para. 253; and Case of Servellón García
et al. v. Honduras. Merits, Reparations, and Costs. Judgment of September 21, 2006. Series C No.
152, para. 119.
13
Cf. Matter of Natera Balboa, supra note 5, Considering Clause number thirteen; and Case of
Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations, and Costs. Judgment of September 22,
2009. Series C No. 202, para. 134.
14
Cf. inter alia, Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures
regarding Venezuela. Order of the President of the Inter-American Court of Human Rights of January 13,
2006, Considering Clause number sixteen; Matter of Guerrero Larez, supra note 6, Considering Clause
number fourteen, and Matter of Natera Balboa, supra note 5, Considering Clause number fifteen.