Order of the
Inter-American Court of Human Rights
of May 12, 2007
Provisional Measures
with regard to El Salvador
in favor of Adrián Meléndez Quijano et al.
Matter of of Adrián Meléndez Quijano et al.
HAVING SEEN:
1.
The petition of the Inter-American Commission on Human Rights (hereinafter,
“the Commission” or “the Inter-American Commission”) and its annexes, received at
the Inter-American Court of Human Rights (hereinafter, “the Court”, “the InterAmerican Court” or “the Tribunal”) on March 21, 2007.
In this petition, the
Commission requested that the Court order provisional measures, in accordance with
article 63(2) of the American Convention on Human Rights (hereinafter, “the
Convention” or “the American Convention”) and article 25 of the Rules of Procedure of
the Court (hereafter, the “Rules of Procedure”).
The Commission requested these
provisional measures with the objective that the Republic of El Salvador (hereinafter,
“El Salvador” or “the State”) take the necessary steps to protect the life and personal
integrity “of Major Adrián Meléndez Quijano and his family members, as well as his
brother and attorney, Eurípides Manuel Meléndez Quijano and his family members”.
2.
The background for the request for provisional measures brought by the
Commission are, inter alia, the following:
a)
according to the petitioners, the facts referred to (infra Having Seen
2(b), 2(c), 2(d), 2(e) and 2(f), and 4) have occurred due to the fact that Major
Adrián Meléndez Quijano (hereinafter, “Major Adrián Meléndez Quijano” or
“Major Meléndez Quijano) was Chief of the Department of Human Rights of the
National Defense Ministry (“Departamento de Derechos Humanos del Ministerio
de Defensa Nacional”), where he reported several human rights violations
allegedly committed by the Salvadoran Army;
b)
that Major Adrián Meléndez Quijano has been subject to threats and
pursuits since 2004. Likewise, his wife and daughters “were subjected to
exhaustive searches of their persons and vehicles by orders of high-ranking
officials when [Major] Meléndez [Quijano] was arrested by order of the Ministry
of National Defense in the Special Brigade of Military Security (“Brigada Especial
de Seguridad Militar”)”;
c)
that in early 2006, Gloria Tránsito Quijano viuda de Meléndez, mother of
Major Adrián Meléndez Quijano received threatening phone calls at her
residence;
d)
that on November 29, 2005, Eurípides Manuel Meléndez Quijano was, “in
an apparent robbery attempt, stabbed by two unknown individuals when he was
entering his residence”. The events were reported to the Attorney General of
the Republic under reference number 5625-UDN-05;
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