8
2.
Article 63(2) of the American Convention provides that, in “cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
the Court may, in matters not yet submitted to the Court, upon a request by the
Commission, order the provisional measures it deems pertinent.
3.
In this regard, Article 25 of the Rules of Procedure of the Court provides 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, at the
request of a party or on its own motion, order such provisional measures as it deems
pertinent, 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.
4.
Under International Human Rights Law, the nature of provisional measures is
not only preventive, in the sense that they preserve a juridical situation, but also
fundamentally protective, because they protect human rights. Provided that the
basic requirements of extreme gravity and urgency and of preventing irreparable
damage to persons are met, provisional measures become a true preventive
jurisditional guarantee.1
5.
Article 1(1) of the Convention sets forth the general obligation of the States
Party to respect the rights and freedoms embodied in that Convention and to ensure
the free and full exercise of those rights and freedoms by all persons under their
jurisdiction, which carries with it the duty to adopt security measures necessary for
their protection. These obligations become even more evident in connection with
those who are involved in proceedings before the oversight bodies of the American
Convention.2
6.
In light of the responsibility of the State to adopt security measures to protect
persons who are under its jurisdiction, the Court deems that this duty is more
evident with respect to persons incarcerated in a State detention center, in which
case the responsibility of the State must be presumed regarding what happens to
those who are under its custody.3
7.
Pursuant to the Court Order (supra “Having seen” 3), the State must adopt
measures to protect the life and personal safety of all inmates at the Urso Branco
Prison, including that of seizing all weapons that are in the hands of inmates, and
investigating the facts that gave rise to adoption of the provisional measures, with
the aim of identifying those responsible and punishing them accordingly.
1
See Urso Branco Prison Case., Provisional Measures. June 18, 2002 Order of the Inter-American
Court of Human Rights, ninth Considering; Case of the Peace Community of San José de Apartadó,
Provisional Measures. June 18, 2002 Order of the Inter-American Court of Human Rights, fourth
Considering; Gallardo Rodríguez Case, Provisional Measures. February 14, 2002 Order of the President of
the Inter-American Court of Human Rights, fifth Considering.
2
See Case of the Peace Community of San José de Apartadó, Provisional Measures. June 18, 2002
Order of the Inter-American Court of Human Rights, tenth Considering; Gallardo Rodríguez Case,
Provisional Measures. February 18, 2002 Order of the Inter-American Court of Human Rights, sixth
Considering; Gallardo Rodríguez Case, Provisional Measures. February 14, 2002 Order of President of the
Inter-American Court of Human Rights, seventh Considering.
3
See Urso Branco Prison Case, Provisional Measures. June 18, 2002 Order of the Inter-American
Court of Human Rights, eighth Considering.