7 5. The Court, or if the Court is not sitting, the Presidency, upon considering that it is possible and necessary to do so, may require the State, the Commission, or the representatives of the beneficiaries to provide information on a request for provisional measures before deciding on the measure requested. 6. If the Court is not sitting, the Presidency, in consultation with the Permanent Commission and, if possible, with the other Judges, shall call upon the State concerned to adopt such urgent measures as may be necessary to ensure the effectiveness of any provisional measures that may be ordered by the Court during its next period of sessions. […] 4. The provisions of Article 63(2) of the Convention confer an obligatory nature on the adoption of the provisional measures ordered by the Court, because it is a basic principle of international law, supported by international case law, that the States must comply with their international treaty-based obligations in good faith (pacta sunt servanda).3 5. Under international human rights law, provisional measures are not only preventive in nature, in the sense that they preserve a juridical situation, but they are also essentially protective inasmuch as they seek to safeguard human rights and avoid irreparable damage to persons. The measures are applicable provided the basic requirements of extreme gravity and urgency, and the need to prevent irreparable damage to persons are met. Thus, provisional measures become a true jurisdictional guarantee of a preventive nature.4 6. According to the Court’s Orders of May 26 and November 26, 2010, the State must, inter alia, adopt the necessary measures to protect the life and physical integrity of: (i) Rocío Irene Alvarado Reyes, Nitza Paola Alvarado Espinoza and José Ángel Alvarado Herrera, all allegedly forcibly disappeared on December 29, 2009; (ii) 24 of their next of kin, and (iii) the representative Emilia González Tercero. 7. On March 16, 2011, the Commission requested the expansion of the present measures in favor of nine family members5 and six representatives of the beneficiaries.6 The Commission also requested that the identity of the children for whom the measures were requested be excluded from the public record. Therefore, the State has been advised of the names of the proposed beneficiaries of the measures confidentially so that, where appropriate, it may provide them with the protection ordered herein. The Court notes that the State did not refer to the Commission’s request (supra having seen paragraph 10). Accordingly, in response to the Commission’s request and in the absence of any objection, the Court considers it desirable to reiterate the provisions of the President’s Order of April 1, 2011, and not to disclose the identity of the children proposed as beneficiaries in this Order, based on the Commission’s observations in this regard. Furthermore, this Court, as did its President, notes that according to the case file 3 Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the Inter-American Court of June 14, 1998, sixth considering paragraph; Case of Caballero Delgado and Santana. Provisional measures with regard to Colombia. Order of the Inter-American Court of February 25, 2011, third considering paragraph, and Matter of Mery Naranjo et al. Provisional measures with regard to Colombia. Order of the Inter-American Court of March 4, 2011, fourth considering paragraph. 4 Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of the Inter-American Court of September 7, 2001, fourth considering paragraph; Matter of Mery Naranjo et al., supra note 3, fourth considering paragraph, and Matter of Wong Ho Wing. Provisional measures with regard to Peru. Order of the Inter-American Court of Human Rights of March 4, 2011, tenth considering paragraph. 5 The Commission requested the expansion of the present measures in favor of the following persons: (i) five next of kin of the beneficiary Jaime Alvarado Herrera, namely his wife, Sandra Luz Rueda Quezada and their children J.O.A.R., R.G.A.R., S.A.R., and J.E.A.R.; (ii) one next of kin of the beneficiary Rosa Olivia Alvarado Herrera, her daughter, J.G.A., and (iii) three next of kin of the beneficiary Manuel Melquíades Alvarado Herrera, namely his wife, Mayra Daniela Salais Rodríguez, and their daughters, D.J.A and J.A.. 6 Namely: Javier Ávila, Oscar Enríquez, Francisca Galván, Patricia Galarza Gándara, Luz Esthela Castro Rodríguez and Gabino Gómez.

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