CONSIDERING THAT:
1.
Guatemala has been a State Party to the American Convention since May 25,
1978 and accepted the contentious jurisdiction of the Court on March 9, 1987.
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.
Under the terms of Article 27 of the Court’s Rules of Procedure:
1.
At any stage of proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, on its own motion, order such
provisional measures as it deems appropriate, pursuant to Article 63(2) of the Convention.
[…]
3.
In contentious cases before the Court, victims or alleged victims, or their representatives,
may submit to it a request for provisional measures, which must be related to the subject matter of
the case.
[…]
5. The Court The Court, or if the Court is not sitting, the Presidency, upon considering that it is
possible and necessary, may require the State, the Commission, or the representatives of the
beneficiaries to provide information on a request for provisional measures before deciding on the
measure requested.
[…]
4.
Under international human rights law, provisional measures are not only
preventive in the sense that they preserve a juridical situation, but they are also
essentially protective because they protect human rights, insofar as they seek to avoid
irreparable damage to persons. Thus, provisional measures become a real jurisdictional
guarantee of a preventive nature. 3
5.
Article 63(2) of the Convention requires the concurrence of three conditions for
the Court to order provisional measures: a) “extreme gravity”; b) “urgency”, and c) the
need to “avoid irreparable damage” to persons. These three conditions must coexist and
must be present in any situation in which the Court’s intervention is requested. 4
6.
Furthermore, the Court has reiterated that, based on the complementary and
subsidiary nature of the principles that inform the Inter-American Human Rights
System, an order to adopt or maintain provisional measures is justified only in situations
3
Cf. Case of the Newspaper “La Nacion”. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of September 7, 2001, Considering paragraph 4; Matter of Wong Ho Wing. Provisional
Measures regarding Peru. Order of the Inter-American Court of March 4, 2011, Considering para. 10, and
Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico. Order of the Inter-American Court of
May 15, 2011, Considering para. 5.
4
Cf. Case Carpio Nicolle et al. . Provisional Measures regarding Guatemala. Order of the Court of July
6, 2009, Considering para. 14; Matter of Alvarado Reyes et al., supra note 3, Considering para. 12, and
Matter of Certain Venezuelan Prisons. Provisional Measures regarding Venezuela. Order of the Court of July 6,
2011, Considering para. 4.
4