5
Human Rights of September 22, 1995. Series E No.1; Caballero Delgado y Santana
Case. Provisional Measures. Decision of the Inter-American Court of Human Rights
of December 7, 1994. Series E No.1; Velásquez Rodríguez, Fairén Garbi and Solís
Corrales and Godínez Cruz Cases. Provisional Measures. Decision of the InterAmerican Court of Human Rights of January 15, 1988. Series E No.1), with more
reason justifies the adoption of provisional measures in case of a petitioner in a
litigious case pending before the Court who asserts being fearful for his personal
integrity (cf. Case of the Constitutional Court. Provisional Measures. Decision of the
Inter-American Court of Human Rights of August 14, 2000, seventh and eighth
considering clauses; and Case of the Constitutional Court. Provisional Measures.
Decision of the President of the Inter-American Court of Human Rights of April 7,
2000, Series E No.2, eighth considering clause).
9.
That, in this particular case, as it has been asserted by this Court, “it is the
responsibility of the State to adopt security measures to protect all of the people who
are subject to its jurisdiction; this duty becomes more evident in relation to those
who are linked to processes before the supervising organs of the American
Convention” (cf. Case of the Community of Paz de San José de Apartadó.
Provisional Measures. Decision of the Inter-American Court of Human Rights of
November 24, 2000, tenth considering clause; Case of the Community of Paz de
San José de Apartadó. Provisional Measures. Decision of the President of the InterAmerican Court of Human Rights of October 9, 2000, eighth considering clause; Case
of the Haitians and Dominicans of Haitian Origin in the Dominican Republic.
Provisional Measures. Decision of the Inter-American Court of Human Rights of
August 18, 2000, eleventh considering clause; Case of the Constitutional Court.
Provisional Measures. Decision of the Inter-American Court of Human Rights of
August 14, 2000, ninth considering clause; Case of the Constitutional Court.
Provisional Measures. Decision of the President of the Inter-American Court of
Human Rights of April 7, 2000. Series E No.2, ninth considering clause; and Digna
Ochoa y Plácido et al. Case. Provisional Measures. Decision of the Inter-American
Court of Human Rights of November 17, 1999. Series E No.2, seventh considering
clause).
10.
The purpose of the provisional measures, in the national juridical systems
(internal procedural law) in general, is to preserve the rights of the parties in
dispute, guaranteeing that the future merit decision would not harmed by their
actions pendente lite.
11.
The purpose of the provisional measures, in International Law of Human
Rights, goes beyond this, since, besides their essentially preventive nature, they
effectively protect fundamental rights, as long as they seek to prevent irreparable
harm to people.
12.
This Presidency deems necessary for the State to ensure Ms. Loayza-Tamayo
the security conditions necessary for her to return to her country without fearing
consequences on her physical, psychic, and emotional integrity (cf. inter alia, Case
of the Community of Paz de San José de Apartadó. Provisional Measures. Decision of
the Inter-American Court of Human Rights of November 24, 2000, eight considering
clause and fifth and sixth of resolution clauses; Case of the Haitians and HaitianOrigin Dominicans in the Dominican Republic. Provisional Measures. Decision of the
Inter-American Court of Human Rights of August 18, 2000, fourth resolution
paragraph; Alvarez at al. Case. Provisional Measures. Decision of the Inter-American
Court of Human Rights of January 21, 1998. Series E No.2, fourth resolution