25
67.
That the Court considers the general status of compliance with the pending
aspects of the Judgment delivered in the instant case, upon the receipt of the
pertinent information, as well as the effective implementation of the provisional
measures.
*
*
B)
*
Provisional Measures
68.
That the provisional measures ordered in the Court’s Order on May 12, 2007
(supra Having Seen clause 20) are in force.
69.
That according to article 63(2) of the Convention, three conditions must be
met in order for the Court to be able to order provisional measures, namely: i)
“extreme gravity”; ii) "urgency” and iii) when necessary to avoid “irreparable
damage to people.” These three conditions coexist and must be present in every
situation where the intervention of the Tribunal is required. By the same token, the
conditions above mentioned must continue to exist in order for the Court to maintain
the protection so ordered. If one of them is no longer in force, it falls upon the
Tribunal to assess the relevance of continuing with the so ordered protection.
70.
That by ordering protective measures, the Tribunal, or the person presiding it,
does not require, in principle, evidence of the facts that prima facie would seem to
comply with the requirements of article 63(2) of the Convention. On the contrary,
the need to maintain the protective measures calls for an evaluation of the existence
of situations of extreme gravity and urgency in order to avoid irreparable damage
that gave rise to those measures, 14 based on the evidence.
71.
That, in order to determine whether the situation of extreme gravity and
urgency in order to avoid irreparable damage continues to exist, the Court may
assess the set of political, historical or cultural factors or circumstances, or of other
nature, that affect the beneficiary or his rights or place him in a situation of
vulnerability in a certain moment. This situation may increase or decrease in time
depending on a great number of variables, but as has been mentioned, only extreme
and urgent situations shall call for protection by means of provisional measures.
72.
That during the oversight of the implementation of the provisional measures,
the Secretariat, following the instructions of the President, has addressed, on several
occasions, to the representatives and the Commission to request them to forward
their observations to the State's reports. 15 Nor the representatives or the
14
Cf. Matter of the Indigenous Community of Kankuamo Provisional Measures Regarding Colombia
Order of the Court of April 3, 2009, Considering clause 7.
15
Cf. Notes of the Secretariat of November 12, 2007, by means of which it was verified that on
October 16 and 30, 2007 the time limits granted to the beneficiaries of these measures or their
representatives and the Inter-American Commission, respectively, to present observations to the state’s
reports of September 4, 12 and 24, 2007, expired; therefore, they were informed that, on the instructions
of the Court’s President, they could present the observations to the state reports of September 4, 12 and
24 and November 7 and 9, 2007 within an additional term of three and five weeks, respectively.
Furthermore, see the notes of the Secretariat of January 11, February 13 and 21, 2008 by means of which
it was verified that on December 3 and 17, 2007 the time limits granted to the beneficiaries or their