4
ensuring that the judgment on the merits is not hindered by their actions pendente
lite.
6.
The aim of 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.
7.
Article 68(1) of the Convention provides “[t]he States Parties to the
Convention undertake to comply with the judgment of the Court in any case to which
they are parties.” Furthermore, the States must fulfill their treaty obligations in good
faith (pacta sunt servanda) as set forth in Article 26 of the 1969 Vienna Convention
on the Law of Treaties, which codifies a basic principle of general international law.
In addition, as this Court has stated and Article 27 of that same Vienna Convention
provides, the States cannot avoid fulfilling their previously established international
obligation due to domestic reasons.
8.
The instant case is not being heard by the Court regarding the merits and,
therefore, adoption of provisional measures does not entail a decision on the merits
of the dispute between the applicant and the State.1
9.
When the Court ordered the State to adopt provisional measures in favor of
Lysias Fleury (supra Having Seen 9), the Court also ordered it to report on
implementation of said measures.
10.
The States must provide effective and adequate guarantees for human rights
advocates to freely conduct their activities, and they should pay special attention to
actions that limit or obstruct their work.2
1
Cf., inter alia, Lysias Fleury Case. Provisional Measures. Order of the Court of June 7, 2003.
Series E No. 4, Considering ten; Lysias Fleury Case. Provisional Measures. Order of the President of March
18, 2003. Series E No. 4, Considering ten; Case of the Communities of Jiguamiandó and Curbaradó.
Provisional Measures. Order of the Court of March 6, 2003. Series E No. 4, Considering twelve ; Case of
the Urso Branco Prison. Provisional Measures. Order of June 18, 2002. Series E No. 4, Considering ten;
Lilliana Ortega et al. Case. Provisional Measures. Order of the Court of November 27, 2002. Series E No. 4,
Considering six; Luis Uzcátegui Case. Provisional Measures. Order of the Court of November 27, 2002.
Series E No. 4, Considering six; Luisiana Ríos et al. Case. Provisional Measures. Order of November 27,
2003. Series E No. 4, Considering six; Case of the Miguel Agustín Pro Juárez Human Rights Center et al..
Provisional Measures. Order of the Court of November 30, 2001. Series E No. 4, Considering nine and ten;
Case of the Miguel Agustín Pro Juárez Human Rights Center et al.. Provisional Measures. Order of the
Court of October 25, 2001. Series E No. 4, Considering ten; Case of the Peace Community of San José de
Apartadó. Provisional Measures. Order of the Court of November 24, 2000. Series E No. 3, Considering
thirteen; Alvarez et al. Case. Provisional Measures. Order of the Court of October 11, 2000. Series E No. 3,
Considering eleven; Case of the Peace Community of San José de Apartadó. Provisional Measures. Order
of the President of October 9, 2000. Series E No. 3, Considering eleven; Case of Haitians and Dominicans
of Haitian origin in the Dominican Republic. Provisional Measures. Order of the Court of September 14,
2000. Series E No. 3, Considering seven; James et al. Case. Provisional Measures. Order of the Court of
September 25, 1999. Series E No. 2, Considering eight; James et al. Case. Provisional Measures. Order of
the President of June 19, 1999. Series E No. 2, Considering seven; James et al. Case. Provisional
Measures. Order of the Court of May 27, 1999. Series E No. 2, Considering seven; James et al. Case.
Provisional Measures. Order of the Court of May 25, 1999. Series E No. 2, Considering two e); James et al.
Case. Provisional Measures. Order of the Court of May 11, 1999. Series E No. 2, Considering five; James et
al. Case. Provisional Measures. Order of the Court of August 29, 1998. Series E No. 2, Considering six;
James et al. Case. Provisional Measures. Order of the President of July 22, 1998. Series E No. 2,
Considering six; James et al. Case. Provisional Measures. Order of the President of July 13, 1998. Series E
No. 2, Considering six; James et al. Case. Provisional Measures. Order of the President of July 29, 1998.
Series E No. 2, Considering six; James, Briggs, Noel, Garcia and Bethel Cases. Provisional Measures. Order
of the Court of June 14, 1998. Series E No. 2, Considering five; and James, Briggs, Noel, Garcia and
Bethel Cases. Provisional Measures. Order of the President of May 27, 1998. Series E No. 2, Considering
seven.
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