persons,” the Court shall adopt such provisional measures as it deems pertinent, in
matters it has under consideration. With respect to a case not yet submitted to the
Court, it may act at the request of the Commission.”
3.
Article 27 of the Rules of Procedure of the Court establishes that:
1.
At any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court
may, on its own motion, order such provisional measures as it deems
appropriate, pursuant to Article 63(2) of the Convention.
2. With respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
[…]
5.
The Court, or if the Court is not sitting, the Presidency, upon considering
that it is possible and necessary, may require the State, the Commission, or the
representatives of the beneficiaries to provide information on a request for
provisional measures before deciding on the measure requested.
[…]
4.
According to Article 63(2) of the Convention, the provisional measures ordered
by the Court are binding on the State, because a basic principle of international law,
supported by international case law, indicates that States must comply with their
international treaty obligations in good faith (pacta sunt servanda). 5
5.
Under international human rights law, provisional measures are not only
preventive in the sense that they preserve a juridical situation, but they are also
essentially protective because they protect human rights, inasmuch as they seek to
avoid irreparable damage to persons. 6 Provisional measures are applicable provided
the basic requirements of extreme gravity and urgency and the prevention of irreparable
damage to persons are met. In this way, provisional measures become a real
jurisdictional guarantee of a preventive nature. 7
6.
In response to a request for provisional measures, the Court cannot consider
the merits of any argument that is not strictly associated with extreme gravity,
urgency and the need to avoid irreparable damage to persons. Any other matter may
only be brought before the Court in a contentious case. 8
5
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, Considering para. 6, and Matter of Alvarado Reyes et
al.. Provisional Measures regarding Mexico. Order of the Inter-American Court of November 23, 2012,
Considering para. 2.
6
Cf. Case of the Newspaper “La Nacion”. Provisional Measures regarding Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, Considering para. 4, and Matter of Alvarado
Reyes et al., supra, Considering para. 4.
7
Cf. Case of the Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, Considering para. 4, and Case of Carpio
Nicolle et al. Provisional Measures regarding Guatemala. Order of the Inter-American Court of October 25,
2012, Considering para. 4.
8
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998, Considering para. 6, and Matter of Alvarado Reyes et
al., supra , Considering para. 4.
9