3.
In this regard, Article 27 of the Rules of Procedure of the Court (hereinafter “the Rules
of Procedure”)4 establishes, in its pertinent part, that:
1. At any stage of proceedings involving cases of extreme gravity and urgency, and when necessary
to avoid irreparable damage to persons, the Court may, on its own motion, order such provisional
measures as it deems appropriate, pursuant to Article 63(2) of the Convention.
[…]
3. In contentious cases before the Court, victims or alleged victims, or their representatives, may
submit to it a request for provisional measures, which must be related to the subject matter of the
case.
[…]
7. The monitoring of urgent or provisional measures ordered shall be carried out through the
submission of reports by the State and the filing of observations to those reports by the beneficiaries
of the measures or their representatives. The Commission shall submit observations to the State’s
reports and to the observations of the beneficiaries of the measures or their representatives.
4.
Under international human rights law, the provisional measures are not only
precautionary in the sense that they preserve a legal situation, but they are also mainly
protective since they protect human rights, insofar as they avoid irreparable damage to people.
Provisional measures are adopted provided the basic requirements of extreme gravity and
urgency and the prevention of irreparable damage to persons are met. Hence, the provisional
measures are transformed in a true judicial guarantee of a precautionary nature.5.
5.
Given its jurisdiction, in the framework of the provisional measures, the Court cannot
consider the merits of any argument pertaining to issues other than those which relate strictly
to the extreme gravity and urgency and the necessity to avoid irreparable harm to persons. It
is in this manner that in deciding whether to maintain the provisional measures in force, the
Tribunal must analyze whether the situation of extreme gravity and urgency that led to their
adoption persists, or whether new circumstances, also extremely grave and urgent, warrant
keeping them in force. Any other matter can only be brought before the Court in a contentious
case. 6
6.
In this Order, the Tribunal shall analyze: (1) the implementation of the provisional
measures ordered in favor of Wilmar Rodríguez Quintero, Yimmy Efraín Rodríguez Quintero7
Nubia Saravia, Karen Dayana Rodríguez Saravia, and Valeria Rodríguez Saravia; (2) the
implementation of the measures in favor of William Rodríguez Quintero8 and the request to
rescind made by the State regarding the measures in favor of this beneficiary; (3) the request
of the State to assess the enforcement of the operative paragraphs four and one of the Orders
of the Court of July 8, 2009, and August 26, 2010, respectively, and (4) the enforcement of the
measures ordered in favor of Luis José Pundor Quintero and his family.
4
Rules of Procedure of the Court approved in the LXXXV Regular Period of Sessions, held on November 16 to 28,
2009.
5
See Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the Court of
September 7, 2001, Considering clause 4; Matter of Haitians and Dominicans of Haitian-origin in the Dominican
Republic regarding the Dominican Republic. Order of the Court of February 29, 2012, Considering clause 5.
6
See Matter James et al. Provisional Measures regarding Trinidad and Tobago. Order of the of August 29, 1998,
Considering clause 6; Matter of Juan Almonte Herrera et al. Provisional Measures regarding the Dominican Republic.
Order of the Court of May 25, 2010, Considering clause 6, and Case of the Caracazo. Provisional Measures regarding
Venezuela. Order of the Court of May 28, 2010, Considering clause 7.
7
The representatives use interchangeably the names “Yimmi,” “Jimmy,” or “Yimmy” when referring to that
beneficiary. The Court shall identify him as “Yimmy Rodríguez Quintero,” as it appears in the Judgment on the Merits,
Reparations, and Costs delivered by the Court in the present case.
8
The parties interchangeably use the names “Huilian” and “William” when referring to the beneficiary. The Court
shall identify him as “William Rodríguez Quintero,” pursuant to that reported to the Tribunal in the request for
provisional measures in his favor. See Case of the 19 Tradesmen. Provisional Measures regarding Colombia. Order of
the Court of May 12, 2007, Considering clause 14.
3