6
protection requires the Court to make a more rigorous evaluation of the persistence
of the situation that gave rise to them.6 If a State requests the lifting or modification
of the provisional measures ordered, it must present sufficient evidence and
arguments to allow the Court to assess that the risk or threat no longer complies
with the requirements of extreme gravity and urgency to avoid irreparable damage.
In addition, the burden of proof and argument on the beneficiaries and on the
Commission will increases as time passes and there are no new threats. Evidently,
the fact that there are no new threats may be due, precisely, to the effectiveness of
the protection provided or the dissuasive effects of the Court’s orders. Nevertheless,
the Court has considered that the passage of a reasonable period of time without
threats or intimidation, added to the absence of an imminent risk, may lead to the
lifting of the provisional measures.7
16.
In addition, the Court must take into account that, according to the Preamble
of the American Convention, international protection in the form of a convention
“reinforces or complements the protection provided by the domestic law of the
American States.” Therefore, should there be evidence that the State in question has
developed effective mechanisms or measures of protection for the beneficiaries of
the provisional measures, the Court could decide to lift the provisional measures,
delegating the obligation to protect to the principal body responsible for them;
namely, the State.8 Should the Court lift the provisional measures for this reason,
the State would be bound, in keeping with its obligation to guarantee human rights,
to maintain any protective measures it might have adopted and that the Court had
considered effective, for as long as the circumstances require them.
17.
In recent years, the present provisional measures have been maintained
owing to the connection that the representatives made between the information
presented by the State on the investigations in the domestic criminal proceedings
with the increase in the risk that this created for the beneficiary owing to her
participation in those investigations. However, this presumed risk has been alleged
before the Court on successive occasions as a potential danger, unrelated to specific
risk factors.
18.
In this regard, the Court observes that, after having reported merely the said
potential danger in the context of the procedure of monitoring compliance with the
judgment in this case, the representatives indicated that “death threats had been
made against Mrs. […] Parra shortly after she testified in the criminal proceedings on
Prisons. Provisional measures with regard to the Argentine Republic. Order of the Inter-American Court of
Human Rights of November 26, 2010, thirty-ninth considering paragraph.
6
Cf. Matter of the Kankuamo Indigenous People. Provisional measures with regard to Colombia.
Order of the Inter-American Court of Human Rights of April 3, 2009, seventh considering paragraph; Case
of the Mapiripán Massacre. Provisional measures with regard to Colombia. Order of the Inter-American
Court of Human Rights of September 2, 2010, twenty-sixth considering paragraph, and Matter of Eloisa
Barrios et al, supra note 2, fourth considering paragraph.
7
Cf. Matter of Gallardo Rodríguez. Provisional measures with regard to Mexico. Order of the InterAmerican Court of Human Rights of July 11, 2007, eleventh considering paragraph; Case of the Mapiripán
Massacre, supra note 6, twenty-eighth considering paragraph, and Matter of the Mendoza Prisons, supra
note 5, thirty-ninth considering paragraph.
8
Cf. Matter of Luis Uzcátegui. Provisional measures with regard to Venezuela. Order of the InterAmerican Court of Human Rights of February 20, 2003, thirteenth considering paragraph; Case of the Plan
de Sánchez Massacre. Provisional measures with regard to Guatemala. Order of the Inter-American Court
of Human Rights of July 8, 2009, sixth considering paragraph, and Case of Mack Chang et al. Provisional
measures with regard to Guatemala. Order of the Inter-American Court of Human Rights of November 16,
2009, sixth considering paragraph.