4.
On July 4, 2009, the Special Assembly of the Organization of American States
(hereinafter the “OAS") passed resolution AG/RES. 2 (XXXVII-E/09) ruling to suspend
the State of Honduras’ exercise of its right to participate in the OAS. In that sense, the
aforementioned ruling of the Special Assembly emphasized the importance of
monitoring on subjects of human rights and ruled:
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;3
5.
In keeping with the provisions set forth in Article 9(e) of the OAS Charter, as
well as the terms of the Preamble and articles 8 and 21 of the Inter-American
Democratic Charter itself, the continuity of the international obligations on human rights
derived from the American Convention is maintained by virtue of the principle ofpacta
sunt servanda and the principles that inspire the collective mechanisms of guarantee
established in the OAS charter and the Convention, for which reason those principles
are not suspended when a rupture of the institutional order within a State Party has
taken place, nor in the event of the occurrences that took place with regard to
Honduras.
6.
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. An order to take measures is applicable as long as it
meets 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.4
7.
By virtue of its jurisdiction, in the context of the corresponding provisional
measures it falls to the Court to consider only and strictly those arguments directly
related to extreme gravity, urgency and the need to avoid irreparable damages to
persons. Any additional fact or argument can only be examined and resolved during the
deliberations on the merits in the adversarial case.5
Considering 5, and Case of Rosendo Cantú et al. Provisional Measures regarding Venezuela. Order of the
Inter-American Court of Human Rights dated February 2, 2010, Considering 6.
3
OAS, Special 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.
4
Cf. Case of the Newspaper “La Nación.” Provisional Measures regarding Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, Considering four; Matter of Natera Balboa.
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights dated
February 1, 2010, Considering 7; and Case of Rosendo Cantú et al., supra footnote 2, Considering 5.
5
Cf. 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 6; Matter of Guerrero Larez,
supra footnote 2, Considering 16, and Case of Rosendo Cantú , supra footnote 2, Considering 15.