-67.
By reason of its competence, within the framework of provisional measures, it falls
upon the Court to consider only those arguments which relate strictly to the extreme gravity
and urgency and the necessity to avoid irreparable damage to persons. Any other fact or
argument can only be analyzed and decided during the consideration of the merits of a
contentious case.4
8.
This request for provisional measures is not related to a case being heard by the
Court; instead, the request originated from a request for precautionary measures submitted
before the Inter-American Commission. The Court does not have information as to whether
the facts brought to the Tribunal's attention are part of a contentious proceeding before the
Inter-American system or whether a petition on the merits related to this request has been
filed with the Inter-American Commission.5
9.
The three conditions contained in article 63(2) of the Convention must coexist and
must be present in all the situations in which the intervention of the Tribunal is requested.6
10.
According to information provided by the Commission, despite the fact that the
Commission ordered precautionary measures in favor of Mrs. Lanza Ochoa (supra Having
Seen clause 2), the State has not implemented effective measures to guarantee the
protection of her life and integrity. On the contrary, according to what the Commission
informs, Mrs. Lanza Ochoa has continued being subjected to acts of harassment, which have
increased in the last months. In addition, the Commission pointed out that the context of
vulnerability of the beneficiary is worse due to the activities in defense of human rights she
organizes as "coordinator of the Comité por la Paz Visitación Padilla."
11.
In the present matter, the information and background provided by the Commission
suggests prima facie7 the extreme magnitude and intensity of the situation of risk informed
of Mrs. Lanza Ochoa, due to the context of harassment and threats she has been subjected
to. Moreover, it is clear the situation of vulnerability that Mrs. Lanza Ochoa must face due to
the activities she participates in defense of human rights in Honduras and as activitist in
demonstrations and activities against the coup d'état that took place last year.
3
See Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights, of September 7, 2001; Considering clause four. Matter of Natera Balboa.
Provisional Measures regarding Venezuela. Order of the President of the Inter-American Court of Human Rights of
February 1, 2010; considering clause seven and Case of Rosendo Cantú et al, supra note 1, considering clause five.
4
See Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the President of
the Inter-American Court of Human Rights of August 29, 1998, considering clause six; Matter of Guerrero Larez,
supra note 1, considering clause six and Case of Rosendo Cantú et al, supra note 1, considering clause fifteen.
5
On previous occasions, this Court has interpreted that the phrase “a case not yet submitted to the Court”
contained in Article 63(2), last paragraph, of the American Convention implies that there must be at least a slight
possibility for the matter originating the request for provisional measures to be submitted to the contentious
jurisdiction of the Court. The matter originating the request for provisional measures may only be submitted to the
Court provided the proceeding set forth in Articles 44 and 46 to 48 of the American Convention has been initiated.
See Matter of Garcia Uribe et al. Request for Provisional Measures regarding Mexico. Order of the Inter-American
Court of Human Rights of February 2, 2006, Considering clause three and four; Matter of Natera Balboa, supra
note 5, Considering clause six and Matter of Guerrero Larez, supra note 6, Considering clause seven.
6
See Case of Carpio Nicolle et al. Provisional Measures regarding Guatemala. Order of the Inter-American Court
of Human Rights of July 6, 2009, Considering clause fourteen; Matter of Natera Balboa, supra note 5, Considering
clause ten and Matter of Guerrero Larez, supra note 6, Considering clause ten.
7
See, 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
clause sixteen; Matter of Guerrero Larez, supra note 6, Considering clause fourteen and Matter of Natera Balboa,
supra note 5, Considering clause fifteen.