7.
The instant request for provisional measures is not related to a case brought
before the Court; instead, it originated from a request for precautionary measures
submitted to the Inter-American Commission. The Court does not have information as
to whether the facts brought to the Court’s attention are part of a contentious
proceeding before the Inter-American system or whether a petition on the merits
related to this request has been filed with the Inter-American Commission. The Court
considers it necessary to clarify that, in view of the protective nature of the provisional
measures, exceptionally, it may order such measures even when there is not an actual
contentious case in the Inter-American System, in situations that, prima facie, may
result in serious and imminent impairment of human rights. In such cases, the Court
must assess the problem presented, the effectiveness of the State’s measures in
response to the situation described and the degree of vulnerability in which the people
requesting the measures would be if such measures were not adopted. In order to
accomplish this objective, it is vital that the Inter-American Commission submits
sufficient grounds to encompass the criteria indicated and that the State fails to clearly
and fully demonstrate the effectiveness of certain measures adopted within the
domestic jurisdiction. 9
8.
For the Court to grant provisional measures, there must be a concurrence of the
three requirements enshrined in Article 63(2) of the Convention, namely: i) “extreme
gravity;” ii) “urgency,” and iii) the need to “avoid irreparable damage to persons.”
These three conditions must coexist and must be present in any situation in which the
Court’s intervention is requested. 10
9.
As to the issue of gravity, for the purposes of adopting provisional measures,
the Convention requires that this be “extreme,” in other words, at its most intense or
highest level. The urgency of a situation implies that the risk or threat involved is
imminent, which requires an immediate remedy in response. Finally, regarding the
issue of damage, there must be a reasonable probability that it will materialize and it
must not affect goods or legal interests that can be repaired. 11
10.
The Court also recalls that in order to determine whether a situation of extreme
gravity and urgency exists, in order to avoid irreparable damage, it is possible to
assess the set of political, historical, cultural factors or circumstances, or those of any
other nature, which affect the beneficiary or place him in a situation of vulnerability at
a particular time and expose him to violations of his rights. This situation may increase
or decrease over time depending on innumerable variables. 12 Furthermore, it should be
9
Cf. Matter of the Capital Judicial Confinement Center El Rodeo I and El Rodeo II. Request for
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February
8, 2008, Considering para. 9, and Matter of the Penitentiary Center of the Andean Region. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of September 6, 2012, Considering para.
6.
10
Cf. Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of July 6, 2009, Considering para. 14, and Matter of Wong Ho Wing. Provisional Measures regarding
Peru, Order of the acting President of the Inter-American Court of Human Rights of December 6, 2012,
Considering para. 3.
11
Cf. Matters of the Monagas Judicial Confinement Center (“La Pica”), the Capital Region Penitentiary
Center Yare I and Yare II (Yare Prison), the Central Occidental Region Penitentiary Center (Uribana Prison),
and the Capital Judicial Confinement Center, Rodeo I and Rodeo II. Provisional Measures regarding
Venezuela. Order of the Inter-American Court of November 24, 2009, Considering para. 3, and Case of La
Cruz Flores. Provisional Measures regarding Peru. Order of the Inter-American Court of October 25, 2012,
Considering para. 3.
12
Cf. Matter of Carpio Nicolle, supra, Considering para. 26, and Matter of Alvarado Reyes et al.
Provisional Measures regarding Mexico. Order of the Inter-American Court of May 15, 2011, Considering
para. 20.
10