5
[...]
4.
Article 1(1) of the Convention establishes the duty of the States party to
respect the rights and liberties recognized in that treaty and to ensure their free and
full exercise by all persons under their jurisdiction.
5.
The background information provided by the Commission in its request (supra
Having Seen 2, 3 4 and 7) demonstrate prima facie the existence of a situation of
extreme gravity and urgency regarding the life, the right to humane treatment and
freedom of expression of journalists Marta Colomina and Liliana Velásquez.
6.
The aim of provisional measures, in national legal systems (domestic
procedural law), in general, is to preserve the rights of the parties to a dispute,
ensuring that the judgment on the merits is not hindered by their actions pendente
lite.
7.
The aim of urgent and provisional measures, in International Human Rights
Law, goes further because, in addition to their essentially preventive nature, they
effectively protect fundamental rights, insofar as they seek to avoid irreparable
damage to persons.
8.
It is the responsibility of the State to adopt security measures to protect all
persons under their jurisdiction, and this duty becomes even more evident with
respect to those involved in proceedings before the protection bodies of the
American Convention.
9.
The Court has examined the facts and circumstances that gave rise to the
July 30, 2003 Order of the President (supra Having Seen 5), which it ratifies because
it finds that it is in accordance with the law and with the merits in the proceedings.
10.
To date, the State has not submitted the urgent report required by the July
30, 2003 Order of the President regarding measures adopted to effectively insure the
life, the right to humane treatment and freedom of expression of journalists Marta
Colomina and Liliana Velásquez.
11.
Non-compliance by the State is especially grave due to the juridical nature of
urgent measures and provisional measures, seeking to prevent irreparable damage
to persons in situations of extreme gravity and urgency.
12.
The provision set forth in Article 63(2) of the Convention makes it mandatory
for the State to adopt the provisional measures ordered by this Court, because the
basic principle of law regarding the responsibility of the State, backed by
international case law, has established that the States must comply in good faith
with their treaty obligations (pacta sunt servanda).
13.
The State also has the obligation to investigate the facts that gave rise to this
request for provisional measures, with the aim of identifying those responsible and
punishing them as appropriate.
NOW THEREFORE:
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