must comply with their obligations under the Convention in good faith (pacta sunt
servanda).3
5.
In international human rights law, provisional measures are not only
precautionary in nature in the sense that they preserve a legal situation, but are also
fundamentally protective, because they protect human rights inasmuch as they seek to
avoid irreparable damage to persons. Provisional measures are applied as long as the
basic requirements of extreme gravity and urgency and the need to prevent
irreparable damage to persons are met. Thus, provisional measures are a true legal
guarantee and preventive in nature.4
a) Implementation of the provisional measures
6.
Regarding the security measures requested by the representatives, 5 the State
reported, inter alia, that:
a) it held periodic working meetings with the authorities involved in the
enforcement of the measures and the beneficiaries in order to agree on the
implementation of the measures;
b) it installed a variety of security mechanisms, including a call recording
system, alarms, closed circuit camera systems, motion activated lights, and
security locks in the homes and offices of some of the beneficiaries. In addition,
it provided communication equipment, such as radios, mobile, satellite, and
landline phones, established service contracts, and took steps to address the
security requirements of the beneficiaries and their representatives;
c) when it became aware of the technical failures of the equipment provided, it
took the pertinent steps to re-establish the services and replace the
malfunctioning equipment; in other cases, visits were set up with the
beneficiaries’ representatives to check the equipment and repair it, and
d) patrols have been conducted, as agreed upon with the representatives, with
the exception of instances when bad weather prevented them.
7.
The representatives reported "various flaws in [some] of the equipment that
made certain measures ineffective," such as satellite phones, communication radios,
and mobile phones that did not work, as well as physical security measures that had
yet to be implemented in the homes and offices of some of the beneficiaries, such as a
remote recording system in an office and the installation of a perimeter alarm at a
3
Cf. Matter of James et al. Provisional Measures with regard to Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of June 14, 1998, sixth considering paragraph, and Matter of
Haitians and Dominicans of Haitian Origin in the Dominican Republic. Provisional Measures with regard to the
Dominican Republic. Order of the Inter-American Court of Human Rights of December 1, 2011, third
considering paragraph.
4
Cf. Case of the Newspaper “La Nación.” Provisional Measures with regard to Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, fourth considering paragraph, and Matter of
Haitians and Dominicans of Haitian Origin in the Dominican Republic, supra note three, fourth considering
paragraph.
5
The representatives of the beneficiaries requested security measures consisting generally of the
following: a) security infrastructure, b) emergency communication equipment, and c) police escorts and
patrols.
3