3
6.
The oral arguments of the representatives of the alleged victim's next of kin, in which
they stated:
“[on] the issue of provisional measures, [the Court has] issued some
provisional measures in connection with the domestic proceedings to protect
the lives and to protect the integrity of the proceedings domestically. We ask
that this Court extend those provisional measures during the pendency of the
appeal process so that there are no recriminations, not only against people
that have appeared here, but against people that have appeared in the
proceedings in Guatemala.
[…] Finally, on the provisional measures, we would ask that the Court state
clearly and declare that its continuing jurisdiction remains in this case, in order
to deter any future human rights violations and to provide rapid remedy in
case there are any.”
In response to this statement by the representative of the victim's next of kin, the President
asked the following question:
“Are you requesting an extension of the provisional measures of protection
already ordered by this Court as to the persons protected and as to the
measures of protection?”
And the representative of the victim's next of kin replied as follows:
“Correct, your Honor. We believe that we are entitled to that under Article
63(2) of the Convention.”
CONSIDERING:
1.
That the State ratified the American Convention on May 25, 1978, and, in
accordance with Article 62 of the Convention, it accepted the contentious jurisdiction
of the Court on March 9, 1987.
2.
That article 63(2) of the American Convention establishes that, in cases
“extreme gravity and urgency, and when necessary to avoid irreparable damage
persons,” the Court shall adopt such provisional measures as it deems pertinent
matters it has under consideration and, in cases that have not yet been submitted
the Court, it may act at the request of the Commission.
3.
of
to
in
to
That, in the terms of article 25(1) of the Rules of Procedure of the Court:
At any stage of the proceeding involving cases of extreme gravity and urgency
and when necessary to avoid irreparable damage to persons, the Court may,
at the request of a party or on its own motion, order whatever provisional
measures it deems appropriate, pursuant to Article 63(2) of the Convention.
4.
That, from these provisions, it is clear that the Court may act on its own
motion in cases of extreme gravity and urgency to avoid irreparable damage to
persons1.
1
Cf. Paniagua Morales et al. case. Provisional Measures. Order of the President of the InterAmerican Court of Human Rights of January 29, 2001. Series E No. 3, fourth considering paragraph;
Loayza Tamayo case. Provisional Measures. Order of the President of the Inter-American Court of Human
Rights of December 13, 2000. Series E No. 3, fourth considering paragraph; Ivcher Bronstein case.
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