12.
This notwithstanding, the Court recalls that States have the constant and
permanent duty to comply with their general obligations under Article 1(1) of the
Convention to respect the rights and liberties acknowledged in the Convention and
guarantee their free and full exercise to all persons subject to its jurisdiction.8
13.
Likewise, the Tribunal recalls that, pursuant to the provisions of Article 54 of its
Rules of Procedure, States may not put the representatives or legal advisors of the
victims on trial or retaliate against them or their next of kin based on their legal defense
before the Court.
THEREFORE
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted by Article 63(2) of the American Convention on Human
Rights and Article 27 of its Rules of Procedure,
DECIDES:
1.
To deny the request for provisional measures filed by Alejandro Ponce Villacís and
Alejandro Ponce Martínez, representatives of the victim in the case of Salvador Chiriboga vs.
Ecuador.
2.
To require the Secretariat of the Court to notify Alejandro Ponce Villacís and
Alejandro Ponce Martínez, the Inter-American Commission of Human Rights, and the State
of Ecuador of this order.
8
Cfr. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Court of January
15, 1988, Considering 3; Matter of the Forensic Anthropology Foundation, supra footnote 5, Considering 41, and
Matter of the Socio-Educational Internment Facility, supra footnote 6, Considering 14.
6