8
by international jurisprudence, indicates that States shall fulfill their conventional
obligations in good faith (pacta sunt servanda).1
5.
In International Human Rights Law, provisional measures are not only
precautionary, in the sense of preserving a juridical situation, but are also fundamentally
protective, as they protect human rights to the extent that they seek to avoid irreparable
damages to persons. The order to adopt measures is applicable as long as the basic
requirements of extreme gravity and urgency to prevent irreparable damages to persons
are met. Thus, provisional measures become a true jurisdictional guarantee of a
preventive nature.2
6.
Based on its jurisdiction, within the framework of provisional measures, it is the
Court’s responsibility to consider only and strictly those arguments directly related to
extreme gravity, urgency, and the need to avoid irreparable damages to persons. Any
other fact or argument can only be analyzed and resolved during the consideration of the
3
merits of a contentious case.
*
*
*
7.
From the information provided by the Commission it is inferred that Mr. Juan
Almonte Herrera has been missing since September 28, 2009 (supra Having Seen 2.a),
date on which he was detained by the National Police and from which he has not had any
contact with his next of kin and representatives. In addition, Yuverky Almonte Herrera,
Joel Almonte and Ana Josefa Montilla, next of kin of Mr. Juan Almonte Herrera, as well as
Genaro Rincón and Francisco de León Herrera, attorneys, have been subject to threats
and harassment as consequence of the steps taken to determine the whereabouts of Mr.
Almonte Herrera. Currently Ms. Montilla is not in the Dominican Republic (supra Having
Seen 2.f).
8.
Specifically, in this matter it must be taken into consideration that both, the next
of kin and the attorneys of Mr. Juan Almonte, have taken different steps to find out his
whereabouts, including: a) the filing of a writ of habeas corpus, which was granted; b)
the request for precautionary measures before the Inter-American Commission; c)
several visits to the Attorney General’s Office and the Department of Criminal
Investigations of the National Police, and d) denouncing in the media the disappearance
of Juan Almonte Herrera.
1
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, Considering sixth; Matter of Guerrero Larez. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009,
Considering five, and Case of Rosendo Cantú et al. Provisional Measures regarding Mexico. Order of the InterAmerican Court of Human Rights of February 2, 2010, Considering six.
2
Cf. Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering four; Matter of Natera Balboa. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 1, 2010,
Considering seven; and Case of Rosendo Cantú et al., supra note 1, Considering five.
3
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998, Considering six; Matter of Guerrero Larez, supra note 1,
Considering sixteen; and Case of Rosendo Cantú et al., supra note 1, Considering fifteen.