-5CONSIDERING THAT:
1.
The Republic of Honduras ratified the American Convention on Human Rights on
September 8, 1977 and it has accepted the binding jurisdiction of the Court on September
9, 1981, in keeping with Article 62 of the Convention.
2.
Article 63(2) of the American Convention establishes that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons, the
Court shall adopt such provisional measures as it deems pertinent in matters it has under
consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission.” This provision is also included in article 27 of the Court's Rules
of Procedure.
3.
According to the provision established in Article 63(2) of the Convention, provisional
measures ordered by this Tribunal are binding on the State in conformity to a basic principle
of international law, as supported by international case law, under which States are required
to comply with international treaty obligations in good faith (pacta sunt servanda).1
4.
On July 4, 2009, the Extraordinary General Assembly of the Organization of
American States (hereinafter, “OAS”) approved resolution AG/RES. 2 (XXXVII-E/09) by
which it decided to suspend the right of the Republic of Honduras to participate in the OAS .
To that end, in said resolution, the Extraordinary General Assembly emphasized the
importance of full respect for human rights and decided
To reaffirm that the Republic of Honduras must continue to fulfill its obligations as a member of
the Organization, in particular with regard to human rights; and to urge the Inter-American
Commission on Human Rights to continue to take all necessary measures to protect and defend
human rights and fundamental freedoms in Honduras;2
5.
According to the provisions of article 9(e) of the OAS Charter, as well as the
provisions of the Preamble and articles 8 and 21 of the Inter-American Democratic Charter,
the international obligations in relation to human rights which derived from the American
Convention are kept in light of the principle pacta sunt servanda, as well as the principles
that inspire the mechanism of collective security established in the OAS Charter and the
Convention; therefore, such obligations are not suspended, not even when there has been
an alteration of the institutional order in one Member State or in the event that took place in
Honduras.
6.
According to the International Human Rights Law, the provisional measures are not
only precautionary in the sense that they preserve a legal situation, but they are also
mainly protective since they protect human rights, insofar as they avoid irreparable damage
to people. The order to adopt measures is applicable provided the basic requirements of
extreme gravity and urgency and the prevention of irreparable damage to persons are met.
In this sense, provisional measures become a real jurisdictional guarantee of a preventive
nature.3
1
See Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, Considering Clause six. Matter of Guerrero Larez. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009,
Considering Clause five and Case of Rosendo Cantú et al. Provisional Measures regarding Mexico. Order of the
Inter-American Court of Human Rights of February 2, 2010, Considering Clause six.
2
OAS, Extraordinary General Assembly, Resolution AG/ RES 2 (XXXVII-E/09) of July 4, 2009, operative
paragraphs 1 and 2. Available at http://www.oas.org/CONSEJO/SP/AG/37SGA.asp#docs.