5
Commission and, therefore, considers that they, too, are victims of the
violation of [...] Articles [5(1) and 5(2) of the Convention]. Bámaca Velásquez
Case. November 25, 2000 Judgment. Series C., No. 70, para. 165.]
12.
that:
The Court also deemed, in its judgment on reparations in the instant case,
[i]n view of the fact that the violations of the American Convention determined
by the Court in its November 25, 2000 Judgment were committed against
Efraín Bámaca Velásquez, Jennifer Harbury, José León Bámaca Hernández,
Egidia Gebia Bámaca Velásquez, and Josefina Bámaca Velásquez, all of them –
as victims- must be included in that category and be entitled to the
reparations decided by the Court, both in connection with material damages,
when appropriate, and in connection with non-material damages. [Bámaca
Velásquez Case. Reparations (Art. 63(1) American Convention on Human
Rights). February 22, 2002 Judgment. Series C No. 91, para. 30.]
13.
The background information submitted in this case reveals prima facie a
threat to the right to humane treatment of the next of kin of Efraín Bámaca
Velásquez who live permanently in Guatemala.
The standard for prima facie
assessment of a case and application of presumptions with respect to protection
needs, has led the Court to adopt Provisional Measures various times.3
14.
In this respect, as the Court has stated, “it is the responsibility of the State to
adopt security measures to protect all persons under its jurisdiction; this duty is
3
Cf., inter alia, Luis Uzcátegui Case. Provisional Measures. November 27, 2002 Order of the Court,
Considering five; Luisiana Ríos et al. Case. Provisional Measures. November 27, 2002 Order of the Court,
Considering five; Liliana Ortega et al. Case. Provisional Measures. November 27, 2002 Order of the Court,
Considering five; Urso Branco Prison Case. Provisional Measures. June 18, 2002 Order of the Court,
Considering four; Loayza Tamayo Case. Provisional Measures. February 3, 2001 Order of the Court. Series
E No. 3, Considering six; Paniagua Morales et al. Case. Provisional Measures. January 29, 2001 Order of
the Court. Series E No. 3, Considering seven; Loayza Tamayo Case. Provisional Measures. December 13,
2000 Order of the President. Series E No. 3, Considering seven; Case of the Peace Community of San José
de Apartadó. Provisional Measures. November 24, 2000 Order of the Court. Series E No. 3, Considering
four; Ivcher Bronstein Case. Provisional Measures. November 23, 2000 Order of the Inter-American Court
of Human Rights. Series E No. 3, Considering five; Case of the Peace Community of San José de
Apartadó. Provisional Measures. October 9, 2000 Order of the President of the Inter-American Court of
Human Rights. Series E No. 3, Considering four; Case of the Haitians and Dominicans of Haitian Origin in
the Dominican Republic. Provisional Measures. August 18, 2000 Order of the Inter-American Court of
Human Rights. Series E No. 3, Considering five and nine; Case of the Constitutional Court. Provisional
Measures. April 7, 2000 Order of the President of the Inter-American Court of Human Rights. Series E No.
2, Considering seven; Digna Ochoa and Plácido et al. Case. Provisional Measures. November 17, 1999
Order of the Inter-American Court of Human Rights. Series E No. 2, Considering five; Cesti Hurtado Case.
Provisional Measures. June 3, 1999 Order of the Inter-American Court of Human Rights. Series E No. 2,
Considering four; James et al. Case. Provisional Measures. May 27, 1999 Order of the Inter-American
Court of Human Rights. Series E No. 2, Considering eight; Clemente Teherán et al. Case. Provisional
Measures. June 19, 1998 Order of the Inter-American Court of Human Rights. Series E No. 2, Considering
five; Alvarez et al. Case. Provisional Measures. July 22, 1997 Order of the President of the Inter-American
Court of Human Rights. Series E No. 2, Considering five; Blake Case. Provisional Measures. August 16,
1995 Order of the President of the Inter-American Court of Human Rights. Series E No. 1, Considering
four; Carpio Nicolle Case. Provisional Measures. July 26, 1995 Order of the President of the Inter-American
Court of Human Rights. Series E No. 1, Considering four; Carpio Nicolle Case. Provisional Measures. June
4, 1995 Order of the President of the Inter-American Court of Human Rights. Series E No. 1, Considering
five; Caballero Delgado and Santana Case. Provisional Measures. December 7, 1994 Order of the InterAmerican Court of Human Rights. Series E No. 1, Considering three; and Colotenango Case. Provisional
Measures. June 22, 1994 Order of the Inter-American Court of Human Rights. Series E No. 1, Considering
five.
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