5
CONSIDERING:
1.
State ratified the American Convention on September 27, 1977 and, pursuant
to Article 62 of the Convention, it accepted contentious jurisdiction of the Court on
March 20, 1998.
2.
Article 63(2) of the American Convention establishes that, “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in
matters it has under consideration. With respect to a case not yet submitted to the
Court, it may act at the request of the Commission.”
3.
Article 25(1) of the Rules of Procedure of the Court establishes that, “[a]t any
stage of the proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, at the request of
a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.”
4.
Article 1(1) of the Convention enshrines the duty of the States Party to
respect the rights and liberties recognized in that treaty and to ensure their free and
full exercise by all persons under their jurisdiction.
5.
Respect for human rights in a democratic State depends, to a large extent, on
effective and adequate guarantees enjoyed by human rights advocates to freely
conduct their activities, and special attention should be paid to actions limiting or
hindering, whether directly or indirectly, the work of human rights advocates.1
6.
The aim of provisional measures, in national legal systems (domestic
procedural law) in general, is to protect the rights of the parties to a dispute,
ensuring that the judgment on the merits is not hindered by their actions pendente
lite.
7.
The aim of urgent and provisional measures, in International Human Rights
Law, goes further, inasmuch as, in addition to their essentially preventive nature,
they effectively protect fundamental rights, insofar as they seek to avoid irreparable
damage to persons.
8.
The Inter-American Commission has adopted precautionary measures, which
have not led to the required effects,2 and, instead, recent events lead to the
presumption that Lysias Fleury is in a situation of grave risk.
1
Resolution 1842 (XXXXII-O/02) of the General Assembly of the Organization of American States;
Resolution 1818 (XXXXI-O/01) of the General Assembly of the Organization of American States, and
United Nations Declaration on the Rights and Responsibilities of Individuals, Groups and Institutions that
promote and protect human rights and universally recognized fundamental liberties. A.G. Res. 53/144.
2
Cf., inter alia, Case of the Communities of Jiguamiandó and Curbaradó. Provisional Measures.
March 6, 2003 Order of the Court, Considering eight; Clemente Teherán Case. Provisional Measures. June
19, 1998 Order of the Inter-American Court of Human Rights. Series E No. 2, Considering six; and Vogt
Case. Provisional Measures. April 12, 1996 Order of the President of the Inter-American Court of Human
Rights, Considering four.
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