permanent obligation remains to “respect the rights and freedoms recognized (in the
Convention) and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms.”51
45. - And, certainly, all this is no impediment for the Court to order provisional
measures for the same people for whom they were issued in a case already resolved, if
the Commission, in exercise of its “principal role of promoting the observance and
defense of human rights”52, reasonably requests it in a new case not yet submitted to
its consideration, or if it so decides in another that has already been submitted.
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Secretary
persons subject to their jurisdiction the free and full exercise of those rights and freedoms, under all
circumstances. Moreover, provisional measures are of an exceptional nature and are complementary to this
general obligation of the States. In this regard, the presumptions considered by the Court to lift provisional
measures cannot signify that the State is relieved of its protection obligations under the Convention.”
51
Article 1(1) of the Convention.
52
Article 41 of the Convention.
12
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents