3
guarantee, the State Party has the obligation erga omnes to protect all individuals
under its jurisdiction.2
3.
That under Human Rights International Law, provisional measures are not
only precautionary in that they preserve a legal status, but essentially protective for
they protect human rights, insofar as they seek to prevent irreparable damage to
persons. These measures are applied as long as the prerequisites of extreme gravity
and urgency and the need to avoid irreparable damage to persons are met. Thus,
provisional measures become a true preventive jurisdictional guarantee.3
4.
That in Order of September 21, 2005, the Court decided, inter alia,: a) to
reiterate the measures ordered in its Order of June 13, 2005, requiring the State to
adopt such measures as may be necessary to protect the life and physical integrity
of Alfredo López-Álvarez, Teresa Reyes-Reyes, and Gregoria Flores-Martínez; b) to
extend the provisional measures in order to protect the life and physical integrity of
Ms. Flores-Martínez’s mother and daughters; and c) to effectively bring about and
secure the necessary conditions so that Gregoria Flores-Martínez, who has been
forced to leave Honduras, may return to her home safely (supra Having Seen 2).
5.
That the Court deems it relevant to reiterate Considering clauses 7 and 8 of
the Order issued by the Court on June 13, 2005, whereby it ordered the adoption of
provisional measures on the grounds that there was “[…] a situation of extreme
gravity and urgency [… and in order] to avoid irreparable damage to the rights to life
and physical integrity of Alfredo López-Álvarez, Teresa Reyes-Reyes, and Gregoria
Flores-Martínez […],” who had been summoned to give testimony as witnesses at
the public hearing held by the Court in the case of López-Álvarez. At the moment,
the measures adopted aimed at protecting the life and physical integrity of their
beneficiaries, who faced a situation of imminent danger as a result of having been
summoned as witnesses in the case of López-Álvarez. Furthermore, the Court notes
that according to Considering clause 12 of Order of September 21, 2005, the Court
extended the provisional measures in behalf of Gregoria Flores-Martínez’s mother
and daughters, who argued that they had noticed “[…] the presence of a car in the
surroundings of their residence which was identified by the Land Defense General
Coordinator of the Honduran Black Fraternal Organization [Defensa de Tierras de la
Organización Negra Fraternal Hondureña, hereinafter “OFRANEH”] as belonging to
the Criminal Investigation General Office ([Dirección General de Investigación
Criminal] hereinafter “DGIC”) […],” which is why Ms. Flores-Martínez was afraid for
the safety of her next of kin.
*
*
*
Honduras. Order of the Court of November 29, 2008, Considering clause 4; and Case of Tyrone DaCosta
Cadogan. Provisional Measures regarding Barbados. Order of the Court of December 2, 2008, Considering
clause 5.
2
Cf. Matter of the Peace Community of San José de Apartadó. Provisional Measures regarding
Colombia. Order of the Court of June 18, 2002, Considering clause 11; Matter of Carlos Nieto Palma et al.
Provisional Measures regarding Venezuela. Order of the Court of August 5, 2008, Considering clause 3,
and Matter of Leonel Rivero et al. Provisional Measures regarding Mexico. Order of the Court of November
25, 2008, Considering clause 4.
3
Cf. Case of Herrera-Ulloa. Provisional Measures regarding Costa Rica. Order of the Court of
September 7, 2001, Considering clause 4; Matter of Carlos Nieto Palma et al., supra note 2, Considering
clause 4; and Matter of Leonel Rivero et al., supra note 2, Considering clause 5.