or, if appropriate, lifting the measures in their favor, bearing in mind the reasons why the said
measures had been adopted.9
7.
In the briefs of March 2, May 18 and October 3, 2012, the representatives asked the Court
to maintain these provisional measures in favor of the beneficiaries and to order the State to
implement “the necessary and effective measures to avoid loss of life and harm to their physical,
mental and moral integrity.” In addition, in a brief of May 31, 2012, the Inter-American
Commission “note[d] with concern that incidents continue to occur that could endanger the life
and integrity of the beneficiaries, and for this reason, it ask[ed] the Court to maintain the
provisional measures in [their] favor.”
8.
In order to maintain the provisional measures, the previously verified situation of extreme
gravity and urgency, and the need to avoid irreparable damage must subsist and, furthermore,
that this situation is directly related to the facts that justified the granting of the provisional
measures in this case. Thus, in view of the Court’s requirements for assessing whether to
maintain these measures, the relevant information must be duly authenticated and founded.10
The Court has also indicated that provisional measures are exceptional in nature; moreover they
are related to a specific temporal situation and, owing to their nature, cannot be maintained
indefinitely.11 Evidently, the fact that no new threats have occurred could be due precisely to the
effectiveness of the protection provided or to the dissuasion resulting from the measures ordered
by the Court. Nevertheless, the Court has considered that the passage of a reasonable period of
time without threats or intimidation, added to the absence of an imminent risk, can lead to the
lifting of the provisional measures.12
9.
Thus, in order to assess the implementation of the measures and to determine the need to
maintain them or, if appropriate, lift them, the Court will examine the information presented by
the representatives and the State on the current situation of the beneficiaries, as well as their
observations and those of the Commission in this regard.
A.1. Situation of María Leontina Millacura Llaipén and her family
10.
With regard to the beneficiaries María Leontina Millacura Llaipén, her children Marcos and
Valeria Torres, and her granddaughters Ivana and Romina Torres and Evelyn Paola Caba, the
Inter-American Court established in the Order of November 25, 2011, that the information
provided by the parties at that time was insufficient to assess whether risk to the personal
integrity and life of Mrs. Millacura Llaipén and her family that justified these provisional
measures, and that arose from her connection to the investigation that was being conducted into
9
Cf. Matter of Millacura Llaipén et al. Provisional measures with regard to Argentina. Order of the Inter-American
Court of Human Rights of November 25, 2011, eighth, twenty-third, twenty-fourth and twenty-eighth considering
paragraphs.
10
Cf. Case of the Constitutional Court. Provisional measures with regard to Peru. Order of the Inter-American Court
of Human Rights of March 14, 2001, fourth considering paragraph, and Matter of Haitians and Dominicans of Haitian
Origin. Provisional measures with regard to the Dominican Republic. Order of the Inter-American Court of Human Rights
of February 29, 2012, seventh considering paragraph.
11
Cf. Matter of Clemente Teherán et al. (Zenú Indigenous Community). Provisional measures with regard to
Colombia. Order of the Inter-American Court of Human Rights of December 1, 2003, third considering paragraph, and
Matter of Haitians and Dominicans of Haitian Origin. Provisional measures with regard to the Dominican Republic. Order of
the Inter-American Court of Human Rights of February 29, 2012, forty-eighth considering paragraph.
12
Cf. Case of the Constitutional Court. Provisional measures with regard to Peru. Order of the Inter-American Court
of Human Rights of March 14, 2001, fourth considering paragraph, and Matter of Haitians and Dominicans of Haitian
Origin. Provisional measures with regard to the Dominican Republic. Order of the Inter-American Court of Human Rights
of February 29, 2012, forty-eighth considering paragraph.
5