Court during its next session.
4.
This request for provisional measures is related to a case being heard by the Court, in
the context of processing the case of Marino López et al. (Operation Genesis) v. Colombia,
submitted to the Court on July 25, 2011.
5.
This Court has established that under international human rights law, provisional
measures are not merely preventive, in that they preserve a juridical situation, but rather they
are essentially protective, since they protect human rights, inasmuch as they seek to avoid
irreparable damage to persons. 18 The preventive nature of provisional measures is related to the
context of international litigations. In this regard, the object and purpose of the measures is to
ensure the integrity and effectiveness of the decision on merits and, thus, avoid harm to the
rights in litigation, a situation that could render null or useless the practical effects of the final
decision. In this way, provisional measures permit the State in question to comply with the final
decision and, if appropriate, to proceed to make the reparations ordered. 19 Regarding the
protective nature, this Court has indicated that, provided the basic requirements are met,
provisional measures become a real jurisdictional guarantee of a preventive nature, because they
protect human rights, inasmuch as they seek to avoid irreparable damage to persons. 20
6.
The three conditions required by Article 63(2) of the Convention for the Court to be able
to order provisional measures must concur in any situation in which they are requested. 21 Based
on its competence, in the context of provisional measures the Court may consider only and
strictly those arguments that are directly related to extreme gravity, urgency and need to avoid
irreparable damage to persons. Any other fact or argument may only be examined and decided,
if appropriate, during the consideration of the merits of a contentious case. 22
7.
Regarding the requirement of “gravity,” for the effects of the adoption of provisional
measures, the Convention requires this to be “extreme”; in other words, at its most intense and
18
Cf. Case of the “La Nación” newspaper. Provisional measures with regard to Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, fourth considering paragraph; Matter of the Aragua Penitentiary
Center “Tocorón Prison.” Provisional measures with regard to Venezuela. Order of the Inter-American Court of Human
Rights of November 24, 2010, sixth considering paragraph, Case of Kawas Fernández. Provisional measures with regard
to Honduras. Order of the Inter-American Court of Human Rights of July 5, 2011, twenty-second considering paragraph,
and Matter of Castro Rodríguez. Provisional measures with regard to Mexico. Order of the Inter-American Court of
Human Rights of February 13, 2013, fifth considering paragraph.
19
Cf. Matter of Belfort Istúriz et al. Provisional measures with regard to Venezuela. Order of the Inter-American
Court of Human Rights of April 15, 2010, sixth considering paragraph; Matter of Wong Ho Wing. Provisional measures
with regard to Peru. Order of the Inter-American Court of Human Rights of May 28, 2010, fourth considering paragraph;
Carpio Nicolle et al. Provisional measures with regard to Guatemala. Order of the Inter-American Court of Human Rights
of July 6, 2009, sixteenth considering paragraph; Matter of the Capital Detention Center El Rodeo I and El Rodeo II.
Provisional measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of February 8, 2008,
seventh considering paragraph; Matter of the "El Nacional" and "Así es la Noticia" newspapers. Provisional measures
with regard to Venezuela. Order of the Inter-American Court of Human Rights of November 25, 2008, twenty-third
considering paragraph, and Matter of Luis Uzcátegui, Provisional measures with regard to Venezuela. Order of the Court
of January 27, 2009, nineteenth considering paragraph.
20
Cf. Case of Kawas Fernández, twenty-second considering paragraph; Matter of the Capital Detention Center El
Rodeo I and El Rodeo II, eighth considering paragraph, and Case of Ivcher Bronstein. Provisional measures with regard
to Peru. Order of the Inter-American Court of Human Rights of November 21, 2000, ninth considering paragraph.
21
Cf. Case of Carpio Nicolle et al., fourteenth considering paragraph; Matter of the Aragua Penitentiary Center
“Tocorón Prison,” eighth considering paragraph, and Matter of the Ciudad Bolívar Detention Center “Vista Hermosa
Prison.” Provisional measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of May 15,
2011, eighth considering paragraph.
22
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998, sixth considering paragraph; Matter of Guerrero Larez. Provisional
measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009,
sixteenth considering paragraph, and Case of Rosendo Cantú et al. Provisional measures with regard to Mexico, Order of
the Inter-American Court of Human Rights of February 2, 2010, fifteenth considering paragraph.
13