7
3.
Article 27 of the Court’s Rules of Procedure1 establishes:
1.
At any stage of 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.
Article 63(2) of the Convention confers an obligatory nature on the provisional
measures ordered by the Court, given that the basic principle of international law,
supported by international case law, has indicated that States must comply with their
treaty-based obligations in good faith (pacta sunt servanda).2
5.
The present request for provisional measures is not related to any case currently
before the Court, but rather arose from information submitted to the Inter-American
Commission by the non-governmental organization Una Ventana a la Libertad represented
by Carlos Nieto Palma. Consequently, the Court is unaware of whether the information
before it forms part of a separate contentious case before the inter-American system or
whether a petition on the merits has been initiated before the Inter-American Commission
related to this request.
6.
Under international human rights law, provisional measures are not only preventive
in the sense that they preserve a legal situation, but fundamentally protective because they
protect human rights inasmuch as they seek to avoid irreparable damage to persons. The
order to adopt provisional measures is applicable provided that the basic requirements of
extreme gravity and urgency, and the need to prevent irreparable damage to persons are
met. In this way, provisional measures become a real jurisdictional guarantee of a
preventive nature.3
7.
The Court has found it necessary to clarify that, in light of the protective nature of
provisional measures, they may be ordered, exceptionally, even when there is no
contentious case before the inter-American system, in situations that, prima facie, may
have a grave and urgent effect on the enjoyment of human rights. Therefore, the Court
1
Rules of Procedure of the Inter-American Court of Human Rights, approved during its eighty-fifth regular
session held from November 16 to 28, 2009.
2
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, sixth considering clause; Matter of the Aragua Detention Center
“Tocorón Prison.” Provisional measures with regard to Venezuela. Order of the Inter-American Court of Human
Rights of November 24, 2010, fourth considering clause, and Matter of the Communities of the Jiguamiandó and
the Curbaradó. Provisional measures with regard to Colombia. Order of the Inter-American Court of Human Rights
of August 30, 2010, fourth considering clause.
3
Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, fourth considering clause; Matter of the Socioeducational Detention Unit. Provisional measures with regard to Brazil. Order of the Inter-American Court of
Human Rights of February 25, 2011, fourth considering clause, and Matter of the Aragua Detention Center
“Tocorón Prison,” supra note 2, sixth considering clause.