5
2.
That Article 63(2) of the Convention establishes that in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
at the request of the Commission, the Court may adopt such provisional measures as
it deems pertinent, in matters that are not yet submitted to its consideration.
3.
That Article 25(1) of the Rules of Procedure of the Court establishes that “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, at the
request of a party or on its own motion, order such provisional measures as it deems
pertinent, pursuant to Article 63(2) of the Convention.”
4.
That Article 1(1) of the Convention embodies the obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
5.
That, under international human rights law, in addition to their preventive
nature in that they preserve a juridical situation, the purpose of provisional measures
is essentially preventive, since they must protect human rights, inasmuch as they seek
to avoid irreparable damage to persons. The measures are applicable provided the
basic requirements of extreme gravity and urgency and the prevention of irreparable
damage to persons are met. In this way, provisional measures become a real
jurisdictional guarantee of a preventive nature.1
6.
That the Court, in the Order issued on April 16, 1997 (supra Having seen
paragraph 1), required the State, inter alia, to adopt all necessary measures to
protect the life and personal integrity of Gonzalo Arias Alturo, Javier Paez, Guillermo
Guerrero Zambrano, Élida Gonzalez and Maria Nodelia Parra and avoid irreparable
damage; and to investigate the acts of intimidation that the beneficiaries had
endured and punish those responsible for such acts.
7.
That the Court, in its Order of June 3, 1999 (supra Having seen paragraph 3),
lifted and terminated the provisional measures for Guillermo Guerrero Zambrano and
Javier Páez. It also requested the State, inter alia, to maintain the measures ordered
on April 16, 1997 (supra Having seen paragraph 1) for María Nodelia Parra, Gonzalo
Arias Alturo and Élida González Vergel; to provide information on the measures
adopted owing to the changes in the situation of Gonzalo Arias Alturo and Élida
González Vergel; and to present specific information on the participation of the
beneficiaries in the decisions concerning compliance with the Court’s orders.
8.
That, on February 2, 2005, the State indicated, inter alia, that “the petitioners
have not mentioned the situation of Élida González Vergel for the last five years and
no report or request has been received from the beneficiary herself.” On June 10,
2005, the State indicated, inter alia, that nothing new had occurred with regard to
the situation of Élida González Vergel, so that “her intention to remove herself from
the sphere of action of both the State and the petitioners” could be presumed.
1
Cf. Matter of the Mendoza Prisons. Provisional Measures. Order of the Inter-American Court of
Human Rights March 30, 2006, fourth considering paragraph; Matter of the Capital Region Yare I and Yare
II Penitentiary Center (Yaré Prison). Provisional Measures. Order of the Inter-American Court of Human
Rights of March 30, 2006, fifth considering paragraph; and Matter of the Peace Community of San José
Apartado. Provisional Measures. Order of the Inter-American Court of Human Rights of March 15, 2005,
fourth considering paragraph.
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