11
17.
That the State should make all the pertinent arrangements to ensure that the
provisional measures ordered in this Order are planned and implemented with the
participation of the beneficiaries of the measures, or with their representatives, to ensure
that the measures are provided in a diligent and effective manner. The Court verifies that
the positive participation of the State and particularly, of the representatives is essential in
order to coordinate the implementation of the provisional measures in the instant matter.
18.
That the Tribunal deems appropriate to recall that, before a request for provisional
measures, the Court needs to consider only those arguments which relate strictly to the
extreme gravity and urgency and the necessity to avoid irreparable damage to persons.
Such other issues are properly brought before the Court only through contentious cases.7
19.
That, furthermore, the adoption of provisional measures will not imply a decision on
the merits of the existing controversy between the beneficiaries the State and8 should the
case, finally, be brought to the Court’s attention and it will neither prejudge the state
responsibility for the facts reported. In ordering provisional measures, the Tribunal is only
exercising its powers under the Convention, in cases of extreme gravity and urgency and
when necessary to avoid irreparable damage to persons.9
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted by Article 63(2) of the American Convention on Human
Rights and Articles 26 and 30 of its Rules of Procedure,10
DECIDES:
7
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights, of August 29, 1998. Considering clause six; Matter of the Rodeo I and Rodeo II
Capital Judicial Confinement Center. Provisional Measures regarding Venezuela. Order of the Inter-American Court
of Human Rights of February 8, 2008; Considering Clause ten; and Matter of Carlos Nieto Palma et al. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights, of January 26, 2009;
Considering clause twenty-two.
8
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of May 27, 1998; considering clause seven; Case of Kawas Fernández, supra note
4; considering clause five; and Matter of Tyrone Da Costa Cadogan. Provisional Measures regarding Barbados.
Order of the Inter-American Court of Human Rights of December 2, 2008; Considering Clause eleven.
9
Cf. Matter of James et al., supra note 7, considering clause seven; Matter of Monagas Judicial Confinement
Center (“La Pica”), Provisional Measures regarding Venezuela. Order of the President of the Inter-American Court of
Human Rights of July 3, 2007; considering clause six; and Case of Kawas Fernández, supra note 4, considering
clause five.
10
Rules of Procedure approved by the Court during its XLIX Period of Ordinary Sessions, held from
November 16 to 25, 2000 and partially amended during the LXXXII Period of Ordinary Sessions, held from January
19 to 31, 2009, in accordance with Articles 71 and 72 thereof.