12.
That according to the information submitted by the Inter-American
Commission and Mr. Carlos Nieto Palma (supra Having Seen clauses 3 and 5), this
Court considers that the situation of risk, extreme gravity, and urgency that gave
rise to the order of provisional measures to protect the lives and physical integrity of
Eva Teresa Nieto Palma and John Carmelo Laicono no longer exist, and therefore
considers that the provisional measures ordered in favor of the aforementioned
persons should be lifted.
13.
That given the information provided by Mr. Carlos Nieto Palma and by the
Commission (supra Having Seen clauses 3 and 5), this Court considers it advisable
to maintain the provisional measures ordered in favor of Mr. Carlos Nieto Palma and
his mother Yvonne Palma Sánchez.
14.
That the Court considers it necessary for the State to maintain the measures
that it would have adopted and to take forthwith such measures that are necessary
to effectively protect the life, physical integrity, and personal liberty of Carlos Nieto
Palma, as well as the life and physical integrity of Yvonne Palma Sánchez.
15.
That, in accordance with the Order of the Inter-American Court of September
22, 2006 (supra Having Seen clause 2), the State shall maintain the beneficiaries
informed of the progress made with regard to the measures ordered by the Court,
and shall submit the required reports to the Tribunal.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
Pursuant to the authority conferred upon it under Article 63(2) of the American
Convention on Human Rights and Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of
Human Rights in its Order of September 22, 2006 in favor of Eva Teresa Nieto Palma
and John Carmelo Laicono Nieto.
2.
To reiterate that the State must maintain the measures it would have
adopted and take forthwith such measures necessary to effectively protect the life,
physical integrity, and personal liberty of Carlos Nieto Palma, as well as the life and
physical integrity of Yvonne Palma Sánchez.
3.
To request the State to allow the beneficiaries of these measures to take part
in the planning and implementation thereof and, in general, to keep them informed
about the progress made to comply with the measures ordered by the InterAmerican Court of Human Rights.
4.
To reiterate that the State continue informing the Inter-American Court of
Human Rights every two months regarding the provisional measures it has adopted
as of the notification of the present resolution, to request the beneficiaries of such
measures or their representative and the Inter-American Human Rights Commission
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