1.
Colombia has been a State Party to the American Convention since July 31,
1973, and it accepted the contentious jurisdiction of the Inter-American Court, in
keeping with Article 62 of the Convention, on June 21, 1985.
2.
Article 63(2) of the American Convention establishes that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons, the
Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act at
the request of the Commission”.
3.
In this regard, Article 27 of the Rules of Procedure of the Court1 (hereinafter, the
Rules of Procedure”) establishes, in its relevant part, that:
1.
At any stage of the 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 pertinent, pursuant to Article 63(2) of the
Convention.
2.
With respect to a matter not yet submitted to the Court, it may act at the request of
the Commission.
[…]
4.
According to the provision established in Article 63(2) of the Convention,
provisional measures ordered by this Tribunal are binding on the State pursuant to a
basic principle of international law, as supported by international case law, under which
States are required to comply with international treaty obligations in good faith (pacta
sunt servanda).2
5.
According to international human rights law, provisional measures are not only
precautionary in the sense that they preserve a legal situation, but are also
fundamentally protective, as they protect human rights insofar as they seek to prevent
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. In this sense, provisional measures become a real jurisdictional
3
guarantee of a preventive nature.
6.
According to the Orders of the Court of July 5, 2006; September 22, 2006;
January 31, 2008; and November 25, 2011, the State was required, inter alia, to adopt
the measures necessary to protect the life and integrity of the following people: (i) Mery
Naranjo Jimenez and her immediate family, namely, Juan David Naranjo Jimenez,
Alejandro Naranjo Jimenez, Sandra Janeth Naranjo Jiménez, Alba Mery Naranjo Jiménez,
Erika Johann Gómez, Heidi Tatiana Naranjo Gómez, María Camila Naranjo Jiménez, Aura
1
Rules of Procedure of the Court approved during its LXXXV Period of Ordinary Sessions, held from
November 16 to 28, 2009.
2
Cf. Case of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court of July
14, 1998, Considering 6, and Matter of María Lourdes Afiuni. Provisional Measures regarding Venezuela. Order
of the President of the Court of December 10, 2010, Considering 4, and Matter of José Luis Galdámez Álvarez et
al. Provisional Measures regarding Honduras. Order of the President of the Court of December 22, 2010,
Considering 3.
3
Cf. Case of the Newspaper “La Nación.” Provisional Measures regarding Costa Rica. Order of the Court
of September 7, 2001, Considering 4; Matter of Gladys Lanza Ochoa, supra footnote 2, Considering 6, and
Matter of Centro Penitenciario de Aragua "Cárcel de Tocorón,” supra footnote ¡Error! Marcador no definido.
4