5
observations to the State’s report and to the observations of the beneficiaries or
their representatives.
4.
That under the International Law of Human Rights, provisional measures have
not only a preventive purpose, to the extent that they preserve a given legal situation,
but also and fundamentally a protective purpose, inasmuch as they are intended to
protect human rights, preventing individuals from suffering irreparable harm. Provided
that the requisite conditions of extreme gravity and urgency and prevention of
irreparable harm to individuals are met, provisional measures become a true judicial
guarantee of preventive nature.
5.
That Article 1(1) of the Convention sets forth the State Parties' duty to respect
the rights and freedoms enshrined therein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms. In furtherance of
such duty, the State Party has the erga omnes obligation to protect all persons under
its jurisdiction, which applies not only in connection with the power of the State but
also in relation with the acts of individual third parties.3
6.
That the Inter-American Commission requested this Court to order the
protection of the detainees in the Uribana Prison, the persons to be held there in the
future, and inmates’ relatives and other visitors. Even though the Court in ordering
provisional measures has in some cases deemed it essential to identify the persons
who are at risk of suffering irreparable harm,4 in some other cases the Court has
ordered for the protection of a group of people who have not been previously identified
but are nevertheless identifiable and are in grave peril by reason of their being
members of a group or community,5 such as those held in prison.6 In this matter, the
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures. Order of July
6, 2004, considering clause No. 4; Matter of Yare I and Yare II Capital Region Penitentiary Center.
Provisional Measures. Order of the Inter-American Court of Human Rights of March 30, 2006, considering
clause No. 14; Matter of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional
Measures. Order of the Inter-American Court of Human Rights of November 30, 2005, considering clause No.
14; Matter of the Mendoza Prisons. Provisional Measures. Order of June 18, 2005, considering clause No. 11;
Matter of Pueblo Indígena de Sarayaku. Provisional Measures. Order of July 6, 2004; Matter of Pueblo
Indígena de Kankuamo. Provisional Measures. Order of July 5, 2004; Matter of the Communities of
Jiguamiandó and Curbaradó. Provisional Measures. Order of March 6, 2003, para. 169; Matter of the Peace
Community of San José de Apartadó. Provisional Measures. Order of June 18, 2002, para. Matter of Urso
Branco Prison. Provisional Measures. Order of June 18, 2002, para. 53.
3
4
Cf. Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic. Provisional
Measures. Order of the President of the Inter-American Court of Human Rights of September 14, 2000.
Series E No. 3, Considering clause No. 4; and Matter of Haitians and Dominicans of Haitian-origin in the
Dominican Republic. Provisional Measures. Order of the President of the Inter-American Court of Human
Rights of August 18, 2000. Series E No. 3, Considering clause No. 8.
Cf., inter alia, Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures,
supra note 3, Considering clause No. 8; Matter of Children Deprived of Liberty in the "Complexo do Tatuapé"
of FEBEM. Provisional Measures, supra note 3, Considering clause No. 6; Matter of Pueblo Indígena de
Sarayaku. Provisional Measures, supra note 3, Considering clause No. 9; Matter of Pueblo Indígena de
Kankuamo. Provisional Measures, supra note 3, Considering clause No. 9; Matter of the Communities of
Jiguamiandó and Curbaradó. Provisional Measures, supra note 3, ninth whereas clause; Matter of the Peace
Community of San José de Apartadó. Provisional Measures, supra note 3, Considering clause No. 8; and
Matter of Mendoza Prisons. Provisional Measures. Order of November 22, 2004, Considering clause No. 13.
5
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