submit information in this regard. Through a note from the Secretariat dated April 18,
2011 the State was given until the 29th of that same month and year to submit
complete information on the alleged death of Mr. Caba. The note confirmed that the
brief presented by the representatives on April 15, 2011, did not refer to all of the
beneficiaries of these measures (supra Having Seen 3).
CONSIDERING THAT:
1.
Argentina has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since September 5,
1984, and that pursuant to Article 62 thereof, it recognized the obligatory jurisdiction
of the Court in the same ratification document.
2.
Article 63(2) of the Convention requires that for the Court to order the
adoption of provisional measures, three conditions must be met: 1) “extreme gravity”;
ii) “urgency”, and iii) that they be “necessary to avoid irreparable damage to persons.”
These three conditions coexist and must be present in all situations for which the
Court’s intervention is requested. In addition, the three conditions described must
persist for the Court to maintain the ordered protection. If one of them is no longer
valid, the Court shall reevaluate the continued with the ordered protection.1
3.
Based on its authority to determine its own competence, in its settled case law
the Court has interpreted Article 63(2) of the American Convention to mean that it can
order provisional measures at any stage of the proceedings. This has allowed the
Tribunal to order this type of measure or to order that such measures remain in force
even when it has already issued a judgment on the merits and ordered the
corresponding reparations, and when the Court is monitoring compliance of those
reparations, given that the case remains before the Tribunal until the State complies
fully with the ruling. The exercise of this competence of the Court is concordant with
the precautionary and protective nature of provisional measures2, something that has
allowed the Tribunal to guarantee the protection of the most fundamental of human
rights, including the rights to life, personal integrity, and personal liberty. Were it not
to order this type of safeguard while supervising compliance with a judgment on the
merits and reparations pursuant to the full extent of the provisions of Article 63(2) of
the Convention, the Court would be failing to comply with its mandate to “avoid
irreparable damage" to persons.
4.
Based on its jurisdiction, and within the framework of provisional measures,
the Court shall only consider those claims that are strictly and directly related to
extreme gravity, urgency, and the need to avoid irreparable damage to persons.
Consequently, in order to decide whether to maintain the provisional measures in
1
Cf. Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Court of July 6,
2009, Considering 14, and Case of Wong Ho Wing. Provisional Measures regarding Peru. Order of the Court
of October 10, 2011, Considering 3.
2
In International Human Rights Law, provisional measures are not solely precautionary, in the sense
that they preserve the legal situation. Rather they are fundamentally tutelary, in that they protect human
rights by seeking to prevent irreparable damage to persons. The measures are applicable as long as they
meet the basic requirements of extreme gravity and urgency and prevention of irreparable damage to
persons. In this way, provisional measures become a true jurisdictional guarantee of a preventative nature.
Cf. Case of the Newspaper “La Nación.” Provisional Measures regarding Costa Rica.Order of the Court of
September 7, 2001, Considering 4; and Matter of the Unidad de Internación Socioeducativa. Provisional
Measures regarding Brazil. Order of the Court of September 1, 2011, Considering 4.
3