6
ensuring that the judgment on merits is not prejudiced by their actions pendente
lite.
8.
That, under international human rights law, the purpose of urgent and
provisional measures goes further, because, in addition to their essentially
preventive nature, they protect fundamental rights, inasmuch as they seek to avoid
irreparable damage to persons.
9.
That, moreover, the State has the obligation to investigate the facts that gave
rise to this request for provisional measures in order to identify those responsible
and impose the appropriate punishment.
10.
That the Order of the President of the Court of April 25, 2003, accorded with
the merits of the facts and circumstances and was decided subject to the law, all of
which justified the adoption of urgent measures.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of the authority conferred on it by Article 63(2) of the American
Convention on Human Rights and Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To ratify all the terms of the Order of the President of the Inter-American
Court of Human Rights of April 25, 2003.
2.
To call upon the State to expand forthwith the necessary measures to protect
the life and safety of Jorge Guillermo Lemus Alvarado and his next of kin.
3.
To call upon the State to maintain the necessary measures to protect the life
and safety of Helen Mack Chang, Viviana Salvatierra, América Morales Ruiz, Luis
Roberto Romero Rivera and the other members of the Myrna Mack Foundation; the
next of kin of Myrna Mack Chang: Zoila Esperanza Chang Lau (mother), Marco
Antonio Mack Chang (brother), Freddy Mack Chang (brother), Vivian Mack Chang
(sister), Ronnie Mack Apuy (cousin), Lucrecia Hernández Mack (daughter) and the
latter’s children, and Iduvina Hernández.
4.
To call upon the State to carry out the planning and implementation of the
required measures in collaboration with the beneficiaries of such measures or their
representatives and, in general, to keep them informed about progress in the
measures ordered by the Inter-American Court of Human Rights.
5.
To call upon the State to investigate the reported facts that gave rise to these
measures in order to identify those responsible and punish them.
6.
To call upon the State to report to the Inter-American Court of Human Rights
regarding the provisional measures it has adopted in compliance with this Order,
within fifteen days of receiving the corresponding notification.
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