Secretariat of the Inter-American Court (hereinafter also “the Secretariat”), following
instructions from the President of the Court: a) requested the parties to present their
observations to the information presented by the State; b) required the
representatives to respond to the specific request for information and c) made
clarifications regarding the new facts regarding the threats reported by the
representatives.
CONSIDERING THAT:
1.
Mexico is a State Party to the American Convention since March 24, 1981, and,
according to Article 62 of the Convention, recognized the contentious jurisdiction of the
Court on December 16, 1998.
2.
Article 63(2) of the American Convention provides 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 its 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 regulated by Article 27 of
the Rules of Procedure of the Court.1
3.
The regulation established in Article 63(2) of the Convention confers an
obligatory character to the adoption, on the part of the State, of the provisional
measures that this Tribunal orders, so that according to the basic principle of the law
of international responsibility of the State, supported by international jurisprudence,
the States must comply with their obligations under the Convention in good faith
(pacta sunt servanda).2
4.
Under International Human Rights law, provisional measures are not only
precautionary, in the sense of preserving a juridical situation; they are also safeguards
inasmuch as they protect human rights, in that they seek to prevent irreparable harm
to persons. The measures are applied when the requisite basic conditions of extreme
gravity and urgency are present and when necessary to prevent irreparable harm to
persons. In this manner, provisional measures become a true jurisdictional guarantee
that is preventive in nature. 3
a)
Assessment of the risk
1
Court Rules of Procedure approved in the LXXXV Regular Period of Sessions, held on November 16
to 18, 2009.
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 Clause 6; Matter of The Communities of
Jiguamiandó and Curbaradó. Provisional Measures regarding Colombia. Order of the Inter-American Court of
Human Rights of June 7, 2011, Considering Clause 4. Matter of The Communities of Pueblo Indígena de
Kankuamo. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of
June 7, 2011, Considering Clause 4.
3
Cf. Caso of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering Clause 4; Matter of The Communities of
Jiguamiandó and Curbaradó, supra note 2, Considering Clause 5. Matter of The Communities of Pueblo
Indígena de Kankuamo, supra note 2, Considering Clause 5.
2