to persons.2 Thus, Article 63(2) of the Convention requires that, for the Court to order
provisional measures, three conditions must concur: (i) “extreme gravity”; (ii) “urgency,”
and (iii) the need to “avoid irreparable damage to persons.” These three conditions must be
present in any situation in which the Court’s intervention is sought, and they must persist in
order for the Court to maintain the order for protection, and if one of them is no longer
valid, the Court must assess the pertinence of continuing the protection ordered.3
4.
Based on its competence, in the context of provisional measures, the Court must
only consider those arguments related strictly and directly to the extreme gravity, urgency,
and need to avoid irreparable damage to persons. Thus, in order to decide whether to
maintain the provisional measures in force, the Court must analyze whether the situation
that led to their adoption persists, or whether equally grave and urgent new circumstances
require maintaining them. Any other matter may only be brought before the Court by
means of the corresponding contentious cases.4
a) Positions at the public hearing
5.
The Court notes that, at the public hearing held on June 28, 2011, the State
indicated that this matter is especially complex for the following reasons: the targeted
violence; the change in residence of the beneficiaries, which has made it difficult to
implement the measures, and the representatives have held positions that make it difficult
to reach the agreements required to achieve a satisfactory solution. The State added that:
(a) it had convened six working meetings; (b) it had made available to the beneficiaries:
mobile phones with US$100 of airtime, and social programs through the Development
Secretariat; (c) it had issued 33 birth certificates and passports exempting the payment of
fees, and (d) it had taken 321 measures in the investigations (including statements,
inspections, requests for collaboration, chain of custody, and appraisals) in order to comply
with the measures ordered.
6.
For their part, at the said hearing, the representatives called attention to the failure
to adopt the necessary measures, because the meetings that had been held were overdue,
since they were held nine months after the Order on provisional measures; insufficient,
because at the time of the hearing only three meetings had been held and useless, because
they have not served to make progress on specific measures. They underscored their
concern because 18 months after the adoption of the first measures, there was not a single
proposal for protection even though the risk had increased; they also indicated that the
authorities faced constraints in conducting the investigations into the disappearances.
7.
The Inter-American Commission agreed with the representatives and emphasized
the lack of specific results in the investigation of the telephone call for help made by Nitza
Paola on February 3, 2010, and of the telephone calls with death threats made to Jose
Ángel Alvadrado’s father. Additionally, it referred to the problems of coordination between
the different authorities that were conducting the investigations. Lastly, regarding the
2
Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of the InterAmerican Court of September 7, 2001, fourth considering paragraph, and Matter of José Luís Galdámez Álvarez et
al., supra note 1, third considering paragraph.
3
Cf. Case of Carpio Nicolle. Provisional measures with regard to Guatemala. Order of the Inter-American
Court of Human Rights of July 6, 2009, fourteenth considering paragraph, and Matter of José Luís Galdámez
Álvarez et al., supra note 1, third considering paragraph.
4
Cf. Matter of James et al. Provisional Measures with regard to Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998, sixth considering paragraph, and Matter of José Luís
Galdámez Álvarez et al., supra note 1, fourth considering paragraph.
3