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.