presented between May 2010 and May 2011. For this reason, the Court urges the
State to report in the most urgent and conscientious way possible on the status and
whereabouts of Mr. Natera Balboa, along with the measures taken in his favor and
toward attending the need for protection in this matter.
13.
The Tribunal finds it pertinent to recall that given a request for provisional
measures, the Court can only consider those arguments that are directly related to
extreme gravity, urgency and the need to avoid irreparable damages to persons. Any
additional fact or argument can only be examined and resolved during the
deliberations on the merits in the adversarial case.7 Thus, the adoption of provisional
measures does not imply an eventual decision on the merits of the current dispute
between the petitioners and the State should the case in the end come before the
Court,8 nor does it prejudge State responsibility for the facts denounced.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by way of the authority conferred by Article 63(2) of the American Convention on
Human Rights and articles 27 and 31 of the Rules of Procedure of the Tribunal,9
DECIDES TO:
1.
Reiterate that the State must adopt, immediately, the measures necessary to
determine the status and whereabouts of Eduardo José Natera Balboa and to protect
his life and personal integrity.
2.
Reiterate that the State has the obligation to inform the Inter-American Court
in a specific and detailed manner on the implementation of the measures ordered.
7
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of August 29, 1998, Considering 6, and Matter of Fernández Ortega
et al., supra footnote 1, Considering 18; and Matter of Carlos Nieto Palma et al. Provisional Measures
regarding Venezuela. Order of the Inter-American Court of Human Rights of April 26, 2009, Considering
22. Matter of the Socio-Educational Internment Facility. Provisional Measures regarding Brazil, Order of
the Inter-American Court of Human Rights of February 25, 2011, Considering 9, and Matter of the
Colombian Commission of Jurists. Request for Provisional Measures regarding Colombia, Order of the
Inter-American Court of Human Rights of November 25, 2010, Considering 7.
8
Cf. Case of James et al. supra footnote 7, Considering 6; Matter of the Socio-Educational
Internment Facility, supra footnote 7, Considering 9, and Matter of the Colombian Commission of Jurists,
supra footnote 7, Considering 7.
9
Rules of Procedure of the Court approved in its LXXXV Ordinary Period of Sessions held on
November 16-28, 2009.
6