7
7.
The purpose of provisional measures, in national juridical systems (domestic
procedural law) in general, is to preserve the rights of the parties to a dispute,
ensuring that the Judgment on the merits (supra Having Seen 6) is not hindered by
their actions pendente lite.
8.
The purpose of provisional and urgent measures in International Human
Rights Law goes further, as in addition to their essentially preventive nature, they
effectively protect fundamental rights, insofar as they seek to avoid irreparable
damage to persons.
9.
The present case, Bámaca Velásquez Case, is at the stage of supervision of
compliance with the judgment by the Court; therefore, in compliance with the
August 29, 2001 (supra Having Seen 9) Order of the Tribunal, the representatives of
the victims have locus standi to submit their requests directly to the Court.
10.
The provisional and urgent measures can also be applied during the stage of
supervision of compliance with the judgment, as long as in the antecedents
submitted to the Court, the prima facie configuration of a situation has proven
extreme gravity and urgency and the imminence of irreparable damage to persons2.
11.
The antecedents directly submitted to the Court by the Center for Justice and
International Law (CEJIL) (supra Having Seen 16 y 17) in the Bámaca Velásquez
Case reveal prima facie a situation of extreme gravity and urgency and irreparability
regarding possible damage to the rights to life and personal integrity of Emerita
Mendoza, Wendy Pérez Álvarez, Sulni Madeli Pérez Álvarez, José Oswaldo Pérez
Luisiana Ríos et al Case. Provisional Measures. November 27, 2002 Order of the Court. Series E No. 4,
Considering seventh; Liliana Ortega et al Case. Provisional Measures. November 27, 2002 Order of the
Court, Series E No. 4, Considering seventh; Urso Branco Prison Case. Provisional Measures. August 29,
2002 Order of the Court. Series E No. 4, Considering fifth; Helen Mack et al Case. Provisional Measures.
August 26, 2002 Order of the Court. Series E No. 4, Considering seventh; Helen Mack et al Case.
Provisional Measures. August 14, 2002 Order of the Court. Series E No. 4, Considering seventh; Urso
Branco Prison Case. Provisional Measures. June 18, 2002 Order of the Court. Series E No. 4, Considering
eighth; Gallardo Rodríguez Case. Provisional Measures. December 20, 2001 Order of the President. Series
E No. 4, Considering seventh; Case of the Series Agustín Pro Juárez Human Rights Center et al. Provisional
Measures. October 25, 2001 Order of the President. Series E No. 4, Considering eighth; Loayza Tamayo
Case. Provisional Measures. February 3, 2001 Order of the Court. Series E No. 3, Considering eighth;
Paniagua Morales et al Case. Provisional Measures. January 29, 2001 Order of the Court. Series E No. 3,
Considering ninth; Loayza Tamayo Case. Provisional Measures. December 13, 2000 Order of the President.
Series E No. 3, Considering ninth; Case of Haitians and Dominicans of Haitian origin in the Dominican
Republic. Provisional Measures. November 12, 2000 Order of the Court Series E No. 3, Considering sixth;
Case of the Peace Community of San José de Apartadó. Provisional Measures. November 24, 2000 Order
of the Court. Series E No. 3 Considering tenth; Case of the Peace Community of San José de Apartadó.
Provisional Measures. October 9, 2000 Order of the President. Series E No. 3, Considering eighth; Case of
Haitians and Dominicans of Haitian origin in the Dominican Republic. Provisional Measures. August 18,
2000 Order of the Court. Series E No. 3, Considering eleventh; Case of the Constitutional Court.
Provisional Measures. . August 14, 2000 Order of the Court. Series E No. 3, Considering ninth; Case of the
Constitutional Court. Provisional Measures. April 7, 2000 Order of the President. Series E No. 2,
Considering ninth; and Digna Ochoa and Plácido et al Case. Provisional Measures. November 17, 1999
Order of the Court. Series E No. 2, Considering seventh.
2
Cfr., Bámaca Velásquez Case. Provisional Measures. September 26, 2003 Order of the President,
Considering tenth; Bámaca Velásquez Case. Provisional Measures. February 21, 2003 Order of the InterAmerican Court of Human Rights. Series E No. 4, Considering tenth; Case Bámaca Velásquez. Provisional
Measures. December 20, 2002 Order of the President. Series E No. 4, Considering ninth; Case of the
Mayagna (Sumo) Awas Tingni Community. Provisional Measures. September 6, 2002 Order. Series E No.
4, Considering ninth; Loayza Tamayo Case. Provisional Measures. February 3, 2001 Order. Series E No. 3,
Considering fifth and sixth; and Loayza Tamayo Case. Provisional Measures. December 13, 2000 Order of
the Inter-American Court of Human Rights. Series E No. 3, Considering seventh.
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