3
framework of international contentious cases. In that sense, measures are aimed at
preserving the rights which are potentially at risk until the controversy is resolved.
Their objective is to ensure the integrity and effectiveness of the merit decision, so
as to prevent infringement of the rights under litigation, situation which could render
innocuous or distort the effective application of the final decision. The provisional
measures allow for the State in question to comply with the final decision, and to
proceed with the reparations ordered when applicable.4 Regarding the precautionary
character of the provisional measures, the Court has indicated that provisional
measures become a true preventive jurisdictional guarantee as they protect human
rights insofar as they seek to prevent irreparable damage to persons.5
6.
That the stipulation set forth in Article 63(2) of the Convention grants a
compulsory character to the State’s adoption of the provisional measures ordered by
this Court, given that the basic principle of law on the responsibility of the State,
supported by international jurisprudence, indicates the States must comply with their
conventional obligations in good faith (pacta sunt servanda).6
*
*
*
7.
That the representatives submitted information on the “elements which […]
place [Ms. Pérez Torres] in constant risk for her life and integrity, as well as that of
her family, because of the job she has held during the past ten years and the type of
information that she has, which has been published in relation to disappearances and
homicides of women in Ciudad Juárez, including the case of Campo [A]lgodonero.”
The representatives’ brief is divided into four sections, namely: 1) “information that
has been published locally regarding violence against women in Ciudad Juárez,” 2)
“basic elements on the current public safety situation,” 3) “the main damages to the
life and personal integrity of the individuals involved in the complaint and request for
justice regarding the disappearances and homicides of women,” and 4) “the need for
urgent and provisional measures to protect her life and personal integrity, as well as
that of their family.”
8.
That regarding the first point, the representatives indicated that the
information published in Ciudad Juárez on violence against women “was basically the
official version of the Government of Chihuahua.” According to the representatives,
in 1999 Ms. Pérez Torres was hired by the “El Norte” newspaper of Ciudad Juárez,
which had decided to change its editorial approach to the cases of disappearance and
4
Cf. Matter of Capital El Rodeo I and El Rodeo II Judicial Confinement Center. Provisional Measures
regarding Venezuela. Order of the Court of February 8, 2008, considering clause seven. Matter of "El
Nacional" and "Así es la Noticia" Newspapers. Provisional measures regarding Venezuela. Order of the
Court of November 25, 2008, considering clause twenty-three, and Matter of Luis Uzcátegui. Provisional
Measures regarding Venezuela. Order of the Court of January 27, 2009, considering clause nineteen.
5
Cf. Matter of Capital El Rodeo I and El Rodeo II Judicial Confinement Center, supra note 4,
considering clause eight; Case of Bámaca Velásquez. Provisional measures regarding Guatemala. Order of
the Court of January 27, 2009, considering clause 45, and Matter of Fernández Ortega et al., supra note 2,
considering clause five.
6
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court
of June 14, 1998, considering clause six; Matter of Pueblo Indígena Kankuamo. Provisional Measures
regarding Colombia. Order of the Court of April 3, 2009, considering clause five, and Matter of Fernández
Ortega, supra note 2, considering clause six.