nature, since they protect human rights inasmuch as they are intended to avoid irreparable damage to
persons.21
24.
Therefore, it is clear that one of the fundamental purposes of provisional measures
is to "ensure the practical effectiveness of rights so that they are not merely rhetorical." 22
Thus, during the functioning of the Inter-American Court, the Court has ordered provisional
measures in 91 matters and cases brought before it, providing protection for more than
25,000 people.
25.
However, it should be noted that, procedurally, the fact that the Court has ruled on
the merits and ordered the appropriate reparation measures does not automatically lead to
the lifting of provisional measures. Quite the contrary. Even in the monitoring compliance
with judgments stage, the Court, on numerous occasions, has decided to maintain the
measures, and even extend them due to the threat of irreparable damage and situations of
"extreme gravity and urgency."23 Additionally, in several cases where a judgment on merits
Matter of Capital El Rodeo I and El Rodeo II Judicial Confinement. Provisional Measures regarding El
Salvador. Order of the Inter-American Court of Human Rights of February 8, 2008, Considering Clause 7 and 8.
22
Cf. Burbano Herrera, Clara, Provisional Measures in the Case Law of the Inter-American Court of Human
Rights , Antwerp, Intersentia, 2010, p. 1.
23
Cf. Case of Blake. Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human
Rights of August 18, 2000, operative paragraph one; Order of the Inter-American Court of Human Rights of June 2,
2011, operative paragraph one; Order of the Inter-American Court of Human Rights of June 6, 2003, operative
paragraph two, and Order of the Inter-American Court of Human Rights of November 17, 2004, operative
paragraph one. Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of Human Rights of July 6, 2009, operative paragraph one. Case of Loayza Tamayo. Provisional Measures
regarding Peru. Order of the Inter-American Court of Human Rights of February 3, 2001, operative paragraph two.
Matter of James et al. Provisional Measures regarding Trinidad and Tobago: Order of the Inter-American Court of
Human Rights of September 3, 2002, operative paragraph two; Order of the Inter-American Court of Human Rights
of December 2, 2003, operative paragraph three, and Order of the Inter-American Court of Human Rights of
February 28, 2005, operative paragraph two. Case of Bámaca Velásquez. Provisional Measures regarding
Guatemala. Order of the Inter-American Court of Human Rights of February 21, 2003, operative paragraph two;
Order of the Inter-American Court of Human Rights of November 20, 2003, Considering Clause sixteen and
operative paragraph two, Order of the Inter-American Court of Human Rights of March 11, 2005, operative
paragraph one, and Order of the Inter-American Court of Human Rights of January 27, 2009, operative paragraph
four. Case of Raxcacó Reyes et al.. Provisional Measures regarding Guatemala. Order of the Inter-American Court
of Human Rights of July 4, 2006, operative paragraph two; Order of the Inter-American Court of Human Rights of
February 2, 2007, operative paragraph two; Order of the Inter-American Court of Human Rights of November 21,
2007, operative paragraph two, and Order of the Court of Human Rights of May 9, 2008, operative paragraph six.
Case of 19 Merchants. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human
Rights of April 28, 2006, operative paragraphs one and second, Order of the Court Human Rights July 4, 2006,
operative paragraphs one and second, Order of the Court Human Rights May 12, 2007, operative paragraph two
and three; Order of the Inter-American Court Human Rights of July 8, 2009, operative paragraph four and five, and
Order of the Inter-American Court of Human Rights of August 26, 2010, operative paragraphs one and two; Case
of the Gómez Paquiyauri Brothers. Provisional Measures regarding Peru; Order of the Inter-American Court of
Human Rights of September 22, 2006, operative paragraph one; Resolution of the Inter-American Court of Human
Rights of May 3, 2008, operative paragraph two. Case of the Plan de Sánchez Massacre. Provisional Measures
regarding Guatemala. Order of the Inter-American Court of Human Rights of November 25, 2006, operative
paragraph one; Order of the Inter-American Court of Human Rights of November 26, 2007, operative paragraph
three. Case of Mapiripán Massacre. Provisional Measures regarding Colombia. Order of the Inter-American Court of
Human Rights of May 3, 2008, operative paragraph one; Order of the Inter-American Court of Human Rights of
September 2, 2010, operative paragraph one. Caso of Gutiérrez Soler. Provisional Measures regarding Colombia.
Order of the Inter-American Court of Human Rights of November 27, 2007, operative paragraph one; Order of the
Inter-American Court of Human Rights of July 9, 2009, operative paragraph one. Case of García Prieto et al..
Provisional Measures regarding El Salvador. Order of the Inter-American Court of Human Rights of February 3,
2010, operative paragraph two. Case of Fernández Ortega et el.. Provisional Measures regarding Mexico. Order of
the Inter-American Court of Human Rights of November 23, 2010.
8