7
CONSIDERING THAT:
1.
Peru ratified the American Convention on July 28, 1978, and, pursuant to Article 62
thereof, accepted the compulsory jurisdiction of the Court on January 21, 1981.
2.
Article 63(2) of the 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.”
3.
Article 27 of the Rules of Procedure establishes, inter alia, that:
1. At any stage of the proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on
its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2)
of the Convention.
2. With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[...]
5. The Court, or if the Court is not sitting, the President, upon considering that it is possible and
necessary, may require the State, the Commission, or the representatives of the beneficiaries to
provide information on a request for provisional measures before deciding on the measure
requested.
4.
The Court has indicated that provisional measures have two dimensions: one
preventive and the other protective.3 The preventive dimension of provisional measures falls
within the framework of international litigations. In this regard, these measures have the
object and purpose of preserving rights that are possibly at risk until the dispute has been
decided. They are ordered to ensure the integrity and effectiveness of the decision on
merits, thereby preventing any harm to the rights in litigation, a situation that could
invalidate the final decision or impair its effectiveness. Thus, provisional measures allow the
State concerned to comply with the final decision and, if applicable, proceed to make the
reparations ordered. 4 Regarding the protective dimension of provisional measures, this
Court has indicated that provisional measures result in a real jurisdictional guarantee of a
preventive nature, because they protect human rights, inasmuch as they seek to avoid
irreparable damage to persons.5
3
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper). Provisional measures with regard to Costa
Rica. Order of the Inter-American Court of Human Rights of September 7, 2001, fourth considering paragraph;
Matter of Belfort Istúriz et al. Request for provisional measures with regard to Venezuela. Order of the InterAmerican Court of Human Rights of April 14, 2010, sixth considering paragraph, and Matter of Giraldo Cardona et
al. Provisional measures with regard to Colombia. Order of the Inter-American Court of Human Rights of February
2, 2010, third considering paragraph.
4
Cf. Case of Carpio Nicolle et al. Provisional measures with regard to Guatemala. Order of the Inter-American
Court of Human Rights of July 6, 2009, fourteenth considering paragraph; Matter of Belfort Istúriz et al., supra
note 3, sixth considering paragraph, and Matter of Giraldo Cardona et al., supra note 3, third considering
paragraph.
5
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper), supra note 3, fourth considering paragraph;
Matter of Belfort Istúriz et al., supra note 3, sixth considering paragraph, and Matter of Giraldo Cardona et al.,
supra note 3, third considering paragraph.