8.
The three conditions contained in Article 63(2) of the Convention must all be met
in every situation in which the Tribunal is requested to order provisional measures.6
9.
This request for provisional measures is not related to a case before the Court.
Rather, it originated in a request for precautionary measures presented before the
Inter-American Commission. The Court does not have information on whether the facts
brought to the attention of the Tribunal form part of an adversarial proceeding before
the Inter-American system or if a petition on the merits related with this request has
has been brought before the Inter-American Commission.7
10.
Given that this request for provisional measures has been presented by the
Inter-American Commission while the Tribunal is not sitting, in accordance with the
provisions of Article 27(6) of the Rules of Procedure it can, under the circumstances, call
upon the State concerned to adopt such urgent measures as may be necessary to
ensure the effectiveness of any provisional measures that may be ordered by the Court
during its next period of sessions.
a)
Request for provisional measures
11.
The Inter-American Commission indicated that on July 24, 2009, it decided to
broaden the precautionary measures granted at that point to the Minister of Foreign
Relations of Honduras. As a consequence, it asked that the necessary measures be
adopted to ensure the lives and personal integrity of José Luis Galdámez Álvarez and his
immediate family due to the acts of harassment to which they had been subjected.
Those acts were in supposed retaliation for his work as a journalist and for his editorial
stance critical of the current government.
12.
For its part, the State submitted information to the Tribunal on the supposed
measures it has adopted in response to the request for precautionary measures issued
by the Inter-American Commission (supra Having Seen 6).
13.
The Commission’s request for provisional measures is based on three main
points: i) the alleged existence of a context of intimidation, threats, and surveillance
against journalists following the coup d'état in Honduras; ii) the alleged threats to the
lives and integrity of Mr. Galdámez Álvarez, his companion, and his children, and iii) a
lack of awareness on whether the authorities have taken steps toward solving the
incidents.
14.
In this regard, the Court finds that an analysis of the facts and allegations put
forward by the Commission with regard to points i and iii indicated in the prior clause
6
Cf. Case of Carpio Nicolle et al. Provisional Measures regarding Guatemala. Order of the InterAmerican Court of Human Rights of July 6, 2009, Considering 14; Matter of Natera Balboa, supra footnote 4,
Considering 10;, Matter of Guerrero Larez, supra footnote 2, Considering 10.
7
On previous occasions, this Court has interpreted the phrase "a case not yet submitted to the Court”
contained in fine in Article 63(2) of the American Convention presupposes that there exists at least the
possibility that the matter motivating the request for provisional measures could be brought before Tribunal
and its contentious jurisdiction. In order for that minimum possibility to exist, the proceeding established in
articles 44 and 46 to 48 of the American Convention must have been initiated before the Commission. Cf.
Matter of García Uribe et al. Request for Provisional Measures regarding Mexico. Order of the Inter-American
Court of Human Rights of February 2, 2006, Considering 3 and 4; Matter of Natera Balboa, supra footnote 4,
Considering 6; and Matter of Guerrero Larez, supra footnote 2, Considering 7.