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, 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.
[…]
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.
[…]
5. If the Court is not sitting, the President, in consultation with the Permanent Commission
and, if possible, with the other judges, shall call upon the government concerned to adopt
such urgent measures as may be necessary to ensure the effectiveness of any provisional
measures that may be ordered by the Court at its next session.
[…]
4.
According to Article 63(2) of the Convention, the provisional measures ordered by
the Court are binding on the State, because a basic principle of international law,
supported by international case law, indicates that States must comply with their
international treaty obligations in good faith (pacta sunt servanda).4
5.
Under international human rights law, provisional measures are not only
preventive, in the sense that they preserve a juridical situation, they are also essentially
protective because they protect human rights, inasmuch as they seek to avoid irreparable
damage to persons.5 Provisional measures are applicable provided the basic requirements
of extreme gravity and urgency and the prevention of irreparable damage to persons are
met. Thus, provisional measures become a real jurisdictional guarantee of a preventive
nature.6
6.
This request for provisional measures is related to a case before the Court,
regarding which a Judgment was issued on April 27, 20127. Article 63(2) of the
Convention requires the concurrence of three conditions for the Court to order provisional
measures: a) “extreme gravity”; b) “urgency”, and c) the need to “avoid irreparable
damage” to persons. These three conditions must coexist and must be present in any
situation in which the Court’s intervention is requested.8
4
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, Considering para. 6, and Matter of Alvarado Reyes et al.
Provisional Measures regarding Mexico. Order of the Inter-American Court of Human Rights of November 13,
2012, Considering para. 2.
5
Cf. Case of the Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering para. 4, and Matter of Alvarado Reyes et
al., supra, Considering para. 3.
6
Cf. Case of the Newspaper “La Nación””. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering para. 4, and Case of Carpio Nicolle et al.
Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human Rights of October 25,
2012, Considering para. 4.
7
Cf. Case Pacheco Teruel et al. v. Honduras, supra.
8
Cf. Case Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Inter-American Court
of Human Rights of July 6, 2009, Considering para. 14, and Matter of Wong Ho Wing. Provisional Measures
regarding Peru, Order of the acting President of the Inter-American Court of Human Rights of December 6,
2012, Considering para. 3.
3