5
Notwithstanding, it considered that there is a contradiction between the information
provided by the State and the information provided by the representatives regarding
the complaints allegedly filed by the beneficiary López-Álvarez, wherefore it
requested the pertinent clarification and information regarding the progress in the
pertinent investigation.
9.
That “in the context of domestic procedural law, provisional measures are
usually intended to preserve the rights of the parties to a dispute, guaranteeing that
the enforcement of the judgment on the merits rendered in a case will not be
hindered or prevented by any action taken by the parties pendente lite. Under
Human Rights International Law, provisional measures are not only precautionary, to
the extent that they preserve a legal status, but essentially protective in nature, for
they protect human rights, insofar as they seek to avoid irreparable damage to
persons.”4
10.
That, furthermore, provisional measures are exceptional, are ordered in
response to the need of protection, and, once ordered, must be maintained as long
as the Court deems that the prerequisites of extreme gravity and urgency and the
need to prevent irreparable damage to the rights of the persons thereby protected
persist.5
11.
That though the representatives alleged that Alfredo López-Álvarez and
Teresa Reyes-Reyes had suffered threats and harassment (supra Considering clause
7), the Court notes that, in accordance with the representatives, the facts and
situations described are related to the defense of the lands belonging to the Garifuna
community of Triunfo de la Cruz. In this regard, it is relevant to reiterate that these
provisional measures were intended to protect the right to life and physical integrity
of the beneficiaries of such measures, who faced a situation of extreme gravity and
urgency as a result of their capacity as witnesses in the case of López-Álvarez (supra
Considering clause 5).
12.
That this Court recalls that in the processing of the case of López-Álvarez,
Alfredo López-Álvarez, Teresa Reyes-Reyes, and Gregoria Flores-Martínez were
summoned by the Court to give testimony at the public hearing of the case, and that
before appearing at such hearing, Gregoria Flores-Martínez was attacked with fire
shots and wounded as she was heading to the community of Triunfo de la Cruz to
collect the statements (affidavits) rendered by other witnesses in the case of LópezÁlvarez, which was the grounds for the request for these provisional measures.
Additionally, it is to be noted that, according to the alleged violations described by
the Commission in its application and by the representatives in their brief of
pleadings, motions and evidence filed in the case referred to above, in its Judgment
of February 1, 2006, the Court determined the international responsibility of the
State for the violation of Articles 7(1), 7(2), 7(3), 7(4), and 7(6) (Right to Personal
Liberty); 5(1), 5(2), and 5(4) (Right to Humane Treatment); 8(1), 8(2), 8(2)(b),
Cf. Matter of the Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures
regarding Venezuela. Order of the Court of March 30, 2006, Considering clauses 4 and 5; Matter of the
Persons Imprisoned in the “Dr. Sebastião Martins Silveira” Penitentiary in Araraquara. Provisional
Measures regarding Brazil. Order of the Court of September 30, 2006, Considering clauses 4 and 5; and
Matter of Colotenango. Provisional Measures regarding Guatemala. Order of the Court of July 12, 2007,
Considering clause 6.
5
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Court of
March 14, 2001, Considering clause 3; Matter of Leonel Rivera et al., supra note 2, Considering clause 13,
and Case of the Gómez-Paquiyauri Brothers. Provisional Measures regarding Peru. Order of the Court of
January 22, 2009, Considering clause 14.
4