27.
The jurisprudence of the Inter-American Court illustrates, incidentally, that even
when a judgment has been passed there have been situations that endanger the rights
involved in the decision of the Court and, therefore, hinder the effective compliance with
the ruling. On this point, it should be noted that the Court has already ruled, "the
effectiveness of judgments depends on their execution. The process should lead to the
materialization of the protection of the right recognized in the judicial ruling, by the
proper application of this ruling."28 Therefore, on several occasions, the Court has
ordered provisional measures, or has maintained provisional measures ordered prior to
its decision on merits, during the monitoring of compliance with judgments, precisely
because the compliance of its decisions "is strongly related to the right to access to
justice, which is embodied in Articles 8 (Right to a Fair Trial) and 25 (Judicial Protection)
of the American Convention."29 Furthermore, the Inter-American Court has ordered the
adoption of provisional measures after a decision to lift them, when during the
monitoring of compliance events have taken place that, according to Article 63(2) of the
Convention, have made them necessary. On this point, it is worth stating that the
measures ordered in the case of Caballero Delgado and Santana v. Colombia. On January
29, 1997, the Court issued a judgment on reparations in this case. Two days later, the
Court issued an order lifting the provisional measures it had previously ordered. But
three months later, on April 16, 1997, the Court issued an order, again, providing for the
adoption of these measures. This was not only at the request of representatives of the
victims but also the State itself. What Colombia specifically requested on that occasion
was:
To [c]onsider the possibility of reviewing the content of the order [of January 31, 1997], and
instead, to order the continuation of the measures ordered, as long as the risk situation
continues, bearing in mind that the internal proceedings are currently being carried out by the
investigating authorities [...] The Government of Colombia will inform the Honorable Court
when it considers that the situation no longer warrants maintenance of the measures requested,
but until then, it trusts that these will be maintained, inasmuch as it is a question of protecting
the life and physical integrity of those persons who have given evidence in the proceedings now
under way and at those conducted by the [...] Inter-American Court of Human Rights.
28.
In this regard, in some decisions the Court has established a comparison between
the provisional measures ordered by the Court and the precautionary measures,
provisional or precautionary measures that are issued internally to ensure the
effectiveness of domestic judgments or decisions:
the purpose of the provisional measures in national (domestic procedural) legal systems
generally is to protect the rights of contending parties, ensuring that the execution of judgments
on the merits and reparations is not hindered or impeded by their conduct.
under the International Law of Human Rights, provisional measures have, furthermore, a
preventive purpose inasmuch as they are intended to protect human rights, preventing
individuals from suffering irreparable harm.30
29.
In this regard, in 2000 the Court ratified, during the monitoring of compliance
with a previous ruling, provisional measures ordered prior to this stage.31 This is the first
28
Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C No.
104, para. 73.
29
Case of Baena Ricardo et al. v. Panama, supra note 28, para. 74.
30
Case of Massacre Plan de Sánchez (Salvador Jerónimo et al.) Provisional Measures regarding
Guatemala. Order of the Inter-American Court of Human Rights of September 8, 2004, Considering Clause five
and six, and Integrantes del Equipo de Estudios Comunitarios y Acción Psicosocial (ECAP). Plan de Sánchez
Massacre. Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human Rights of
November 25, 2006, Considering Clause five and six.
Case of Blake. Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human
Rights of August 18, 2000, operative paragraph one. A year later, in the Case of Loayza Tamayo v. Peru, the
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