effect, the Court must analyze whether the situation of extreme gravity and urgency
that led to their adoption persists, or if there are new equally grave and urgent
circumstances that justify the maintenance of these measures.3
5.
In the Order of February 6, 2008 (supra Having Seen 1), the Court ruled that
in the instant proceedings on provisional measures, it will not assess the effectiveness
of the investigations of the facts that led to their adoption, given that this analysis
corresponds to the examination of the merits of the case that was being processed
before the Inter-American Commission at the time. On April 18, 2010, the Commission
filed a petition against the State, pursuant to articles 51 and 61 of the Convention, in
connection with the case of Torres Millacura et al. v. Argentina,4 and the Court ruled
on this case on August 26, 2011. Regarding this, the parties provided information in
their briefs (supra Having Seen 2 to 4) on the investigations into the forced
disappearance of Iván Eladio Torres Millacura. Based on the foregoing, the Court
reiterates that in the instant Order it will not rule on the investigation of the facts that
led to the adoption of these provisional measures.
A.
Adoption of the measures necessary to protect the life and personal
integrity of the beneficiaries (first operative paragraph of the Order of
February 6, 2008) and request to lift the measures
6.
The Court observes that in the briefs of March 11, September 21, and
November 26, 2009; and April 12, 2010 (supra Having Seen 2), the State requested
the lifting of these provisional measures given that “no facts have emerged over a
long period of time in relation to the instant case that would put the physical integrity
or life of the persons that are beneficiaries thereof at risk.” In its subsequent reports,
the State did not reiterate this request.
7.
In order to maintain the provisional measures, the proven situation of extreme
gravity and urgency and the need to avoid irreparable damage to persons must persist
and be directly related to the facts that prompted the adoption of the provisional
measures in the instant case. Consequently, when the Court requests information to
assess the maintenance of these measures, the information provided must be
adequately confirmed and well-founded.5 The Court has also indicated that provisional
measures are exceptional and refer to a specific temporary situation, and that due to
their nature they cannot continue indefinitely.6 The fact that there are no new threats
may in fact be due to the effectiveness of the protection provided or deterrent effect
of the Court’s Order. Nevertheless, the Court has found that the passage of a
3
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court
of August 29, 1998, Considering 6; Case of Wong Ho Wing. Provisional Measures regarding Peru, supra
footnote 1, Considering 4.
4
Cf. Case of Torres Millacura et al. v. Argentina. Merits, Reparations and Costs. Judgment of August
26, 2011. Series C No. 229, para. 1.
5
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the InterAmerican Court of Human Rights of March 14, 2001, Considering 4, and Case of Gutiérrez Soler Provisional
Measures regarding Colombia. Order of the Inter-American Court of Human Rights of June 30, 2011,
Considering 21.
6
Cf. Matter of the Jiguamiandó and Curbaradó communities. Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of August 30, 2010, Considering 70, and
Case of Gutiérrez Soler. Provisional Measures regarding Colombia. Order of the Inter-American Court of
Human Rights of June 30, 2011, Considering 21.
4