7
[…]
4.
That Article 1(1) of the Convention establishes the general obligations of the State
Parties to respect the rights and freedoms therein enshrined and to ensure the full and free
exercise of those rights and freedoms to every person subject to jurisdiction; such
obligations are binding are binding not only o States but also on third parties.3
5.
That according to the International Human Rights Law, the provisional measures are
not only precautionary in the sense that they preserve a legal situation, but they are also
mainly protective since they protect human rights, insofar as they avoid irreparable damage
to people. Provisional measures are adopted provided the basic requirements of extreme
gravity and urgency and the prevention of irreparable damage to persons are met. In this
sense, provisional measures become a real jurisdictional guarantee of a preventive nature.4
6.
That 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, as supported by
international case law, under which States are required to comply with international treaty
obligations in good faith (pacta sunt servanda).5
*
*
*
7.
That the instant request for provisional measures does not derive from a case
subjected to the consideration of the Court; otherwise, these measures were requested in a
context of a petition pending before the Inter-American Commission. In fact, in said
request, the Commission informed that the beneficiaries of the precautionary measures are
“directly or indirectly related to the case of Inés Fernández Ortega (Case 12.580)",
according to which, on October 30, 2008 the Commission adopted the Report on Merits in
accordance with Article 50 of the American Convention.
8.
That from the information forwarded by the Commission it spring that, in spite of the
precautionary measures ordered from the year 2005 onwards (supra Having Seen clause 2),
there would be “alleged threats and acts of violence” leading to a situation of extreme
gravity and urgency and of possible irreparability of damage to the right of life and physical
integrity of the beneficiaries. In addition, according to the request for provisional measures
3
Cf. Case of Velásquez Rodríguez. Provisional Measures Regarding Honduras. Order of the Inter-American
Court of Human Rights of January 15, 1988, Considering Clause three; Case of Kawas Fernández. Provisional
Measures Regarding Honduras. Order of the Inter-American Court of Human Rights of November 29, 2008;
Considering Clause four; 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.
4
Cf. Case of Herrera Ulloa. Provisional Measures regarding Costa Rica. Order of the Inter-American Court of
Human Rights of September 7, 2001; Considering Clause four; Case of López Álvarez. Provisional Measures
Regarding Honduras. Order of the Inter-American Court of Human Rights of January 26, 2009, Considering Clause
three; Case of Bámaca Velásquez. Provisional Measures regarding Guatemala. Order of the Inter-American Court of
Human Rights of January 27, 2009, Considering Clause forty-five.
5
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998; Considering Clause six; Case of Mack Chang et al. Provisional
Measures regarding Guatemala. Order of the Inter-American Court of Human Rights of January 26, 2009,
considering clause three; and Matter of "El Nacional" and "Así es la Noticia" Newspapers. Provisional Measures
regarding Venezuela. Order of the Inter-American Court of Human Rights of November 25, 2008, Considering
Clause two.