1
and avoid irreparable damage to persons . Regarding the preventive nature, these
measures are intended to preserve the rights that may be at risk until the
controversy is settled. Its purpose is to ensure the integrity and effectiveness of
the decision on the merits and in this way, avoid the litigious rights being impaired,
situation which may adversely affect the useful purpose of the final decision. The
provisional measures make it possible for the State in question to comply with the
2
final decision and, if applicable, to go ahead with the reparations so ordered .
3.
Likewise, according to the provision established in Article 63(2) of the
Convention, provisional measures ordered by the Court are binding on the State in
conformity to a basic principle of the law of international responsibility of the
States, under which States are required to comply with international treaty
obligations in good faith (pacta sunt servanda). Any breach to the order of
enforcement of provisional measures passed by the Court in proceedings before
the Commission and the Court may trigger international responsibility of the
3
States .
4.
In the context of provisional measures, the Court may only consider those
arguments directly related to the extreme gravity, urgency, and the necessity to
prevent irreparable damage to persons, which gave rise to the adoption of the
measures or if equally serious and urgent fresh circumstances warrant they be
maintained. This does not constitute prejudgment on the merits of the case. Any
other matter can only be brought forward for consideration by the Court in the
4
course of the pertaining contentious case .
5.
According to the Orders of the Inter-American Court of November 23, 2004;
June 29 and September 22, 2005; February 4, 2010 and February 21, 2011 (supra
Having Seen clause 1); the State must, inter alia, protect the life and personal
5
integrity of the beneficiaries . Moreover, by means of the Order of November 25,
2010, the State was required to adopt any other measures that may be necessary
to effectively protect the life and personal integrity of the beneficiaries, as well as
to provide the necessary permanent guard measures to provide security to the
1
See Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the
Court of September 7, 2001, Considering clause four. Case of Alvarado Reyes et al. Provisional Measures
regarding the United Mexican States. Order of the Court of May 15, 2011; considering clause five; Matter
of the Indigenous Community of Kankuamo. Provisional Measures regarding Colombia. Order of the
Court's President of June 7, 2011, considering clause five.
2
See Matter of Rodeo II Judicial Confinement Center. Request for Provisional Measures made by
the Inter-American Commission regarding Venezuela. Order of the Court of February 8, 2008, considering
clause seven; Matter of Eloisa Barrios et al. Provisional Measures regarding Venezuela. Order of the Court
of February 21, 2011, considering clause two; Matter of Maria Lourdes Afiuni. Provisional Measures
regarding Venezuela. Order of the Court of March 2, 2011, Considering clause four.
3
See Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of
the Court of February 7, 2006; considering clause seven. Case of Eloisa Barrios et al, supra note 2;
considering clause four. Case of Alvarado Reyes et al, supra note 1, considering clause four.
4
See Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the
Court of August 29, 1998, Considering clause six; Matter of Jose Luis Galdamez Alvarez et al. Provisional
Measures Regarding Honduras. Order of the Court of February 22, 2011, considering clause seven. Matter
of L.M. Provisional Measures regarding Paraguay. Order of the Court of July 1, 2011, considering clause
five.
5
Eloisa Barrios, Inés Barrios, Beatriz Barrios, Orismar Carolina Alzul García, Pablo Solórzano, Caudí
Barrios, Jorge Barrios, Juan Barrios, Maritza Barrios, Roni Barrios, Roniex Barrios, Luis Alberto Barrios,
Yelitza Lugo Pelaes, Arianna Nazaret Barrios, Oriana Zabaret Barrios, Víctor Cabrera Barrios, Beatriz
Cabrera Barrios, Luimari Guzmán Barrios, Luiseydi Guzmán Barrios, Génesis Andreina Barrios, Víctor
Tomas Barrios, Geilin Alexandra Barrios, Elvira Barrios, Darelvis Barrios, Elvis Sarais Barrios, Cirilo Robert
Barrios and Lorena Barrios.
3