12.
The brief of November 21, 2011, and its annexes, wherein the representatives
referred to the implementation of the provisional measures and requested that the Court
summon the parties to a hearing on the matter.
13.
The note of the Secretariat of December 7, 2011, wherein it provided the
Commission and the representatives with the briefs of the State and recorded that it did not
receive the annexes to the State’s report of October 13, 2011.
14.
The brief of December 13, 2011, wherein the Inter-American Commission referred to
the implementation of the measures, reported that it had rendered an Admissibility Report
on the case related to this matter, and requested that the Court summon a hearing.
15.
The brief of January 9, 2012, wherein the representatives presented their
observations to the reports of the State of October 13 and November 8, 2011.
CONSIDERING THAT:
1.
Paraguay has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention”) since August 24, 1989, and accepted the
compulsory jurisdiction of the Court on March 11, 1993.
2.
Article 63(2) of the American Convention states 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.
According to Article 27 of the Rules of Procedure of the Court (hereinafter “the Rules
of Procedure”) 2 establishes, where relevant, that:
[…]
The Court, or its Presidency if the Court is not sitting, may convene the Commission, the
beneficiaries of the measures or their representatives, and the State to a public or private
hearing on provisional measures.
4.
The regulation established in Article 63(2) of the Convention confers an obligatory
character to the adoption, by the State, of the provisional measures that this Tribunal
orders, since the basic principle of the law of international responsibility of the State,
supported by international jurisprudence, notes that States must comply with their
obligations under the Convention in good faith (pacta sunt servanda). 3
2
Rules of Procedure of the Court approved in its LXXXV Regular Period of Sessions, held on November 16 to
28, 2009.
3
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 6 and Matter of Haitians and Dominicans of
3