CONSIDERING THAT:
1.
The Republic of Honduras ratified the American Convention on Human Rights on
September 8, 1977, and it accepted the binding jurisdiction of the Court on September 9,
1981, in keeping with Article 62 of the Convention.
2.
Article 63(2) of the American Convention establishes that, “In 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.” This provision is also included in Article 27 of the
Court's Rules of Procedure.
3.
According to Article 63(2) of the Convention, provisional measures ordered by this
Tribunal are binding upon the State pursuant to a basic principle of international law,
supported by international case law, under which States are required to comply with
international treaty obligations in good faith (pacta sunt servanda).2
4.
On July 4, 2009, the Extraordinary Assembly of the Organization of American
States (hereinafter, “the OAS”) approved resolution AG/RES. 2 (XXXVII-E/09), in which it
decided to suspend the right of the Republic of Honduras to participate in the OAS. The
Extraordinary General Assembly emphasized the importance of full respect for human
rights in that resolution and decided:
To reaffirm that the Republic of Honduras must continue to fulfill its obligations as a member
of the Organization, in particular with regard to human rights; and to urge the Inter-American
Commission on Human Rights to continue to take all necessary measures to protect and
defend human rights and fundamental freedoms in Honduras;3
5.
According to the provisions of Article 9(e) of the OAS Charter, as well as the
provisions of the Preamble and articles 8 and 21 of the Inter-American Democratic
Charter, international obligations in relation to human rights derived from the American
Convention remain in place by virtue of the principle of pacta sunt servanda, as well as
the principles that inspire the mechanism of collective guarantees established in the OAS
Charter and the Convention; therefore, such obligations are not suspended, not even
when there has been an alteration of the institutional order in a State Party, nor in the
case of events such as those that took place in Honduras.
6.
According to International Human Rights Law, provisional measures are not only
precautionary, in the sense that they preserve a legal situation, but also fundamentally
protective, as they protect human rights insofar as they avoid irreparable damage to
persons. The order to adopt measures is applicable provided the basic requirements of
extreme gravity and urgency and the prevention of irreparable damage to persons are
2
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, Considering 6. Matter of Mery Naranjo et al. Provisional
Measures regarding Colombia. Order of the Inter-American Court of Human Rights of November 25, 2010,
Considering 4, and Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico. Order of the InterAmerican Court of Human Rights of November 26, 2010, Considering 4.
3
OAS, Extraordinary General Assembly, Resolution AG/ RES 2 (XXXVII-E/09) of July 4, 2009, operative
paragraphs 1 and 2. Available at http://www.oas.org/CONSEJO/SP/AG/37SGA.asp#docs.
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