basic requirements of extreme gravity and urgency and prevention of irreparable
damage to persons. In this way, provisional measures become a true jurisdictional
guarantee of a preventative nature.3
6.
In keeping with Orders of the Court dated May 26 and November 26, 2010, the
State must, inter alia, adopt all necessary measures for protecting the life and personal
safety of: (i) Rocío Irene Alvarado Reyes, Nitza Paola Alvarado Espinoza and José Ángel
Alvarado Herrera, allegedly forcibly disappeared on December 29, 2009; (ii) 24 of their
relatives, and (iii) representative Emilia González Tercero.
7.
On March 16, 2011, the Commission requested that these provisional measures
be broadened to the benefit of nine families4 and six representatives of the beneficiaries.5
Likewise, the Commission requested that the identities of the children to whose benefit
the broadening of these measures was requested not be included in the public
documents. The names of all the measures’ proposed beneficiaries have been provided
to the State confidentially, in order that, where appropriate, the protection ordered
herein be provided to them. Regarding this, this Presidency observes that the State did
not address this request of the Commission (supra Having Seen 10). As a consequence,
attending to the Commission’s request and in the absence of any objection to it, this
Presidency finds it appropriate that this Order not reveal the identity of the proposed
beneficiaries who are minors, this based on what the Commission has indicated in this
regard. Likewise, this Presidency notes that there are 11 beneficiaries protected by the
provisional measures ordered by the Court in its Order of November 26, 2010, who are
also minors, according to the information found in the case file. When the InterAmerican Commission requested the broadening of the measures in 2010 to include
these children, it did not request that their identities be kept confidential, for which
reason their names were made public in the aforementioned Order of November 26,
2010. In this regard, this Presidency finds it appropriate that the identities of these 11
children who are beneficiaries not be made public in this Order in consideration of the
request made at this time by the Commission, and asks the Commission and the
representatives to inform the Tribunal of their opinions regarding this for the purposes of
eventual subsequent orders.
8.
In the aforementioned Order of November 26, 2010, the Court monitored the
implementation of these provisional measures to the benefit of their current
beneficiaries. In this Order, the President will analyze exclusively the aforementioned
request for broadening of the provisional measures in the following order: (i) with regard
to the relatives of the beneficiaries, and (ii) with regard to the repre7sentatives of the
beneficiaries. Likewise, it will also consider the request for a hearing submitted by the
representatives (infra Considering 25 to 27).2527
9.
This request for provisional measures is not related to a case before the Court.
Rather, it originated in a request for precautionary measures presented before the InterAmerican Commission. This Tribunal does not have information on whether the facts
3
Cf. Case of the Newspaper “La Nación.” Provisional Measures regarding Costa Rica. Order of the Court
of September 7, 2001, Considering 4; Matter of Mery Naranjo et al., supra footnote2, Considering 4, and
Matter of Wong Ho Wing. Provisional Measures regarding Peru. Order of the Court of March 4, 2011,
Considering 10.
4
In particular, the Commission requested that these provisional measures be broadened to the benefit
of the following persons: (i) five relatives of beneficiary Jaime Alvarado Herrera, to wit, his wife, Sandra Luz
Rueda Quezada and his children J.O.A.R., R.G.A.R., S.A.R. and J.E.A.R.; (ii) a relative of beneficiary Rosa Olivia
Alvarado Herrera, her daughter, J.G.A., and (iii) three relatives of Manuel Melquíades Alvarado Herrera, to wit,
his wife, Mayra Daniela Salais Rodríguez, and his daughters, D.J.A and J.A..
5
To wit: Javier Ávila, Oscar Enríquez, Francisca Galván, Patricia Galarza Gándara, Luz Esthela Castro
Rodríguez and Gabino Gómez.
6