measures, namely: i) “extreme gravity”; ii) “urgency”, and iii) that they try to “avoid
irreparable damages to the persons.” These three conditions coexist and must be present
in all situations in which the Tribunal’s intervention is requested.5
7.
Regarding gravity, for the purposes of the adoption of provisional measures, the
Convention requires that it be “extreme” - that is, that it be at its most intense or highest
level. Its urgent nature means that the risk or threat involved is imminent, which
requires that the response for their solution be immediate. Finally, regarding damage,
there must be a reasonable probability that it be carried out and it must not affect legal
rights or interests that can be repaired.6
8.
When presented with a request for provisional measures, the Court cannot
consider the merits of any argument apart from those strictly related to extreme gravity,
urgency, and the need to avoid irreparable damages to persons. All other matters can
only be brought before the Court in a contentious case.7
9.
The Court observes that the petitioners have referred to acts of “harassment,
persecution, or intimidation with false accusations” by police agents, consisting of an
alleged detention, request for documents, and unjustified attempt to search the vehicle
of Mr. Ponce Villacís, as well as alleged surveillance and the presence of police officers
while he was in a public place. In this regard, the Court considers that these facts do not
indicate an extreme gravity meriting the application of provisional measures. As far as
the alleged damage, the information provided does not provide elements sufficient to
lead to the conclusion that there is a possibility that damage will take place to the
detriment of the petitioners’ lives or personal integrity. Due to the absence of the
elements of extreme gravity and irreparable nature of the damage, it is not necessary to
analyze the requirement of urgency in this case.
10.
Additionally, Messrs. Ponce did not report on whether these facts were denounced
before the competent domestic authorities. For its part, the State reported that “these
facts have been brought before […] the Ministry of the Interior of Ecuador, […] as well as
the General Command of the National Police Force.” Likewise, it referred to its policy for
the protection and guarantee of human rights and mentioned that the State undertakes
the commitment to inform the Court of the result of the investigations carried out in the
present case. Based on this, it is necessary for the alleged facts to be denounced
internally so that the competent authorities have the opportunity to act and fulfill their
duties to protect and prevent on behalf of the people subject to State jurisdiction.
11.
Based on the aforementioned and the information filed by the representatives, the
Tribunal concludes that all the requirements set forth in Articles 63(2) of the Convention
and 27 of the Rules of Procedure have not been met. This request for provisional
measures must therefore be denied.
5
Cfr. Case of Carpio Nicolle et al., Provisional Measures regarding Guatemala. Order of the Court of July
6, 2009, Considering 14; Matter of the Forensic Anthropology Foundation. Provisional Measures regarding
Guatemala. Order of the Court of February 22, 2011, Considering 2, and Matter of Alvarado Reyes, supra
footnote 1, Considering 12.
6
Cfr. Matter of Monagas Judicial Confinement Center (“La Pica”), Yare I and Yare II Capital Region
Penitentiary Center (Yare Prison), Penitentiary Center of the Central Occidental Region (Uribana Prison), and
Capital El Rodeo I and El Rodeo II Judicial Confinement Center. Provisional Measures regarding Venezuela.
Order of the Court of November 24, 2009, Considering 3; Matter of the Colombian Commission of Jurists.
Provisional Measures regarding Colombia. Order of the Court of November 25, 2010, Considering 6, and Matter
of the Socio-Educational Internment Facility. Provisional Measures regarding Brazil. Order of the Court of
February 25, 2011, Considering 8.
7
Cfr. Case of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court of
August 29, 1998, Considering 6; Matter of Eloísa Barrios et al., supra footnote 2, Considering 3, and Matter of
the Socio-Educational Internment Facility, supra footnote 6, Considering 9.
5