8.
On April 16, 2012, the representatives forwarded to the Court a letter
signed by Mr. Suriel Núñez in which he requested that “the provisional measures
adopted [in his favor] be lifted,” because he considered that “compliance with [the
obligation to investigate ordered in the Judgment] was the main guarantee of
safety, not just for [himself], but also for the other members of the Truth
Commission and the Dominican people in general.”
9.
The Court observes that, since the adoption of the measures, it has not
received any information concerning new situations of risk, harassment or threats
involving the beneficiary, so that it has no information on the current situation of
risk of Mr. Suriel Núñez. In this regard, the Tribunal finds that it has not been
provided with any piece of information revealing the persistence of the situation of
extreme gravity and urgency and the need to avoid irreparable damage that existed
when it ordered the provisional measures in favor of Mario Martín Suriel Núñez.
10.
Consequently, taking into account the explicit request of the beneficiary
himself that the provisional measures be lifted, and the information presented by
the parties in the framework of the proceeding on these measures, the InterAmerican Court deems that the requirements of extreme gravity, urgency and need
to prevent irreparable damage to the integrity and life of the beneficiary do not
longer exist, so that it is in order to lift these provisional measures.
11.
Without detriment to the foregoing, the Court recalls that Article 1(1) of the
Convention establishes the general obligation of the States Parties to respect the
rights and freedoms recognized therein and to ensure the free and full exercise of
those rights and freedoms to all those subject to their jurisdiction, under any
circumstance. For their part, provisional measures are exceptional in nature and are
complementary to this general obligation of the States. In this regard, the lifting of
the provisional measures ordered the Tribunal cannot imply that the State is
relieved of its treaty-based obligation of protection. Consequently, the Court
emphasizes that, regardless of the adoption of provisional measures, the State is
under the permanent obligation to respect and secure the rights of individuals in
situations of risk and must conduct the necessary investigations to elucidate the
facts, according to the terms established in the pertinent laws,9 particularly with
regard to the rights and the protection of Mario Suriel Núñez.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority granted by Article 63(2) of the American Convention on
Human Rights and Articles 27 and 31 of the Court’s Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of
Human Rights on August 30, 2011, to protect the life and personal integrity of Mario
Martín Suriel Núñez.
9
See Case of Velásquez Rodríguez. Provisional measures with regard to Honduras. Order of the
Court of January 15, 1988, third considering paragraph, and Case of López Álvarez et al. Provisional
measures with regard to Honduras. Order of the Court of January 26, 2009, twenty-seventh and twentyeighth considering paragraphs.
4