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1. At any stage of the proceeding 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 whatever provisional measures it deems appropriate, pursuant to
Article 63(2) of the Convention.
[…]
3. In contentious cases already submitted to the Court, the victims or alleged victims, their
next of kin, or their duly accredited representatives, may present a request for provisional
measures directly to the Court.
3.
That this request for provisional measures was presented directly by the alleged
victim’s representative in a case already submitted to the Court, and is thus in keeping
with Article 25 of the Rules of Procedure.
4.
That provisional measures may be ordered as long as the background data
submitted to the Court provide prima facie evidence that there exists a situation of
extreme gravity and urgency and that irreparable damage to persons is imminent.1
5.
That after having examined the facts and circumstances on which this request
was based, this Tribunal believes that in the instant case it is not possible to
determine, on a prima facie basis, that the persons listed by the representative (supra
Having seen paragraph 9) are in a situation of extreme gravity and urgency, or that
their lives and personal integrity are threatened and at serious risk.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Article 63(2) of the American Convention
on Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To dismiss, on grounds of inadmissibility, the request for provisional measures
filed by the alleged victim’s representative.
2.
To request the Court’s Secretariat to give notice of this Order to the State, the
Inter-American Commission and the representative.
Cfr. Case of the 19 Tradesmen. Provisional Measures. Order of the Inter-American Court of Human
Rights of July 4, 2006, Considering paragraph five; Case of the 19 Tradesmen. Provisional Measures. Order
of the Inter-American Court of Human Rights of April 28, 2006, Considering paragraph five, and Case of
Bámaca- Velásquez. Provisional Measures. Order of the Inter-American Court of Human Rights of November
20, 2003, Considering paragraph ten.
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