5
11.
When issuing protective measures, the Court or whoever presides it does not
require, in principle, evidence of the facts which prima facie appear to comply with the
requirements of Article 63(2) of the Convention. However, to the contrary, the need to
maintain the protective measures calls for the Court to evaluate the persistence of the
situation of extreme gravity, urgency, and the need to avoid irreparable damage that gave
rise to those measures4 based on the evidence.5 Thus, maintaining protective measures
requires a more rigorous evaluation of the persistence of the situation that gave rise to
them.6
12.
The present measures were issued pursuant to a prima facie appraisal of the threat
to the beneficiaries’ rights to life and physical integrity. Nevertheless, the Court notes that,
despite specific requests from the Court (supra fifth having seen paragraph), the
beneficiaries have not submitted information or observations concerning the State’s request
to lift the provisional measures. Furthermore, the Court notes that, in the instant case, one
of the greatest obstacles to the implementation of these measures is that there has not
been sufficient, permanent or appropriate communication between the beneficiaries or their
representatives and the State in order to reach agreement on their implementation and to
assess the risk that the beneficiaries currently face. In this regard, the Court has insisted in
other cases7 on the need for collaboration between the beneficiaries and representatives to
ensure adequate implementation of provisional measures.
13.
Moreover, concerning the information submitted by the representatives in September
2009 indicating that the beneficiaries were out of the country (supra para. 8), the Court
emphasizes that the practical effect of the provisional measures depends on the real
possibility that they can be implemented.8 Thus, since the beneficiaries no longer reside in
Mexico and given the lack of information from them for more than 20 months about any
26, 2010, fifth considering paragraph, and Case of López Álvarez et al. Provisional measures with regard to
Honduras. Order of the Inter-American Court of Human Rights of January 26, 2009, twelfth considering paragraph.
4
Cf. Matter of Kankuamo Indigenous People. Provisional measures with regard to Colombia. Order of the
Inter-American Court of Human Rights of April 3, 2009, seventh considering paragraph; Matter of A.J. et al.
Provisional measures with regard to Haiti. Order of the Inter-American Court of Human Rights of February 22,
2011, eleventh considering paragraph, and Case of Caballero Delgado and Santana. Provisional measures with
regard to Colombia. Order of the Inter-American Court of Human Rights of February 3, 2010, twelfth considering
paragraph.
5
Cf. Case of Carpio Nicolle et al. Provisional measures with regard to Guatemala. Order of the InterAmerican Court of Human Rights of July 6, 2009, fifteenth considering paragraph; Case of Rosendo Cantú et al.
Provisional measures with regard to Mexico. Order of the Inter-American Court of Human Rights of February 2,
2010, eleventh considering paragraph, and Case of Caballero Delgado and Santana, supra note 4, twelfth
considering paragraph.
6
Cf. Matter of the Kankuamo Indigenous Community. supra note 4, seventh considering paragraph; Case of
Caballero Delgado and Santana. Provisional measures with regard to Colombia. Order of the Inter-American Court
of Human Rights of February 25, 2011, fifteenth considering paragraph, and Case of the Mapiripán Massacre.
Provisional measures with regard to Colombia. Order of the Inter-American Court of Human Rights of March 1,
2011, twenty-second considering paragraph.
7
Cf. Case of the 19 Tradesmen. Provisional measures with regard to Colombia. Order of the Inter-American
Court of July 8, 2009, fortieth and ninety-sixth considering paragraphs; Case of the Mapiripán Massacre, supra
note 6, twenty-eighth considering paragraph, and Matter of Alvarado Reyes et al.. Provisional measures with
regard to Mexico. Order of the Inter-American Court of Human Rights of May 15, 2011, fourteenth considering
paragraph.
8
Cf. Case of the 19 Tradesmen. Provisional measures with regard to Colombia. Order of the Inter-American
Court of Human Rights of August 26, 2010, thirty-second considering paragraph, and Matter of the Peace
Community of San José de Apartadó. Provisional measures with regard to Colombia. Order of the Inter-American
Court of Human Rights of August 30, 2010, thirty-fifth considering paragraph.