14.
That the prima facie standard of appreciation in a matter and the application of
presumptions before the necessities of protection have led the Court to order measures in
distinct occasions.16
15.
That the person indicated by the Inter-American Commission in its request for
provisional measures is found, prima facie, in a situation of extreme gravity and urgency,
given that his life and personal integrity are being threatened and are in grave risk. As a
consequence, the Inter-American Court finds it necessary to give protection to such person
through provisional measures, in light of that provided in the American Convention.
16.
That the Tribunal finds it timely to remember that regarding provisional measures,
the Court considers only and strictly those arguments that relate directly to extreme
gravity, urgency, and the need to avoid irreparable harm to persons. Any other act or
argument can only be analyzed and resolved during the consideration of the merits of a
contentious case.17
17.
That the adoption of provisional measures does not imply an eventual decision about
the merits of the existing controversy between the petitioners and the State if the case,
finally, comes before the Court,18 nor is the State’s responsibility for the denounced acts
prejudged.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on Human
Rights and Articles 2 and 30 of its Rules of Procedure,19
DECIDES:
16
Cf. Inter alia, Matter of Monagas Judicial Confinement Center ("La Pica"). Provisional Measures regarding
Venezuela. Order of the President of the Inter-American Court of Human Rights of January 13, 2006, Considering
sixteenth. Matter of Fernandez Ortega et al., supra note 1, Considering fourteenth; and Case of Mack Chang et al.
Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human Rights of January 26,
2009, Considering thirty-second.
Cf. Matter of James et al. Provisional Measures regarding Trinidad & Tobago, Order of the Inter-American
Court of Human Rights of August 29, 1998, Considering sixth; Matter of Fernandez Ortega et al., supra note 1,
Considering eighteenth; and Matter of Carlos Nieto Palma et al. Provisional Measures regarding Venezuela. Order of
the Inter-American Court of Human Rights of January 26, 2009, Considering twenty-second.
17
Cf. Matter of James et al. Provisional Measures regarding Trinidad & Tobago, Order of the President of the
Inter-American Court of Human Rights of July 13, 1998; Considering sixth; Matter of Fernandez Ortega et al.,
supra note 1, Considering nineteenth; and Matter of Tyrone DaCosta Cadogan. Provisional Measures regarding
Barbados. Order of the Inter-American Court of Human Rights of December 2, 2008, Considering eleventh.
18
19
Rules approved by the Court in its XLIX Ordinary Period of Sessions, held November 16-25, 2000 and
partially reformed during the LXXXII Ordinary Period of Sessions, held January 19-31, 2009, in conformity with
Articles 71 and 72 of the same.