this Court has noted that, when the basic requirements are met, the provisional measures become a real jurisdictional guarantee of a preventive nature, as they protect human rights, in so much as they seek to avoid irreparable harm to persons.7 6. The three conditions required by Article 63(2) of the Convention for the Court to order the adoption of provisional measures must be present in all the situations in which the intervention of the Tribunal is requested. 8 Given its jurisdiction, in the framework of the provisional measures, it falls upon the Court to only consider those arguments that are directly related to the extreme gravity, urgency, and necessity of avoiding irreparable harm to persons. Any other fact or argument can only by analyzed and resolved during consideration of the merits in a contentious case. 9 7. As regards the requirement of “gravity,” for purposes of the adoption of the provisional measures, the Convention requires that it be "extreme", that is, that it be at the highest or most intense level. The "urgent" nature implies that the risk or threat involved be imminent, which requires that the response be immediate. Finally, as regard to the damage, there must be a reasonable probability that it materialize, and it should not fall upon legal interests that are repairable.10 8. This Court confirms the following information provided by the Commission, which has not been contested by the State, regarding facts and background on this matter (supra Having Seen clause 2): a) On March 30, 2013, a confrontation between the Waorani and Taromenane indigenous peoples took place, wherein all of the members of the clan to which the girls belonged died, including their parents. 11 Moreover, the Commission noted that the girls witnessed the murder of their mother. b) The Commission expressed that said “massacre had been planned in advance and that spears and firearms were used by approximately 12 members of the Waorani indigenous peoples, allegedly revenge for the murder with spears of Ompore and Buganey, an adult couple of the Waorani indigenous peoples, by members of the Taromenane indigenous peoples in voluntary isolation on March 5, 2013.” c) The day of the massacre, the two girls were separated from their community and taken to the closest community where the massacre allegedly occurred. of the Court of February 8, 2008, Considering clause 7, and Case of Barrios Family, Provisional Measures regarding Venezuela. Order of the Court of May 30, 2013, Considering clause 2. 7 Cf. Case of the Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the Court of September 7, 2001, Considering clause 4, and Case of Wong Ho Wing, Provisional Measures regarding the Republic of Peru. Order of the Court of January 29, 2014, Considering clause 8. 8 Cf. Case of Carpio Nicolle et al., Provisional Measures regarding Guatemala, Order of the Inter-American Court of Human Rights of July 6, 2009, Considering clause 14, and Case of Wong Ho Wing, Provisional Measures regarding the Republic of Peru. Order of the Court of January 29, 2014, Considering clause 3. 9 Cf. Matter of James et al.. Provisional Measures regarding Trinidad and Tobago, Order of the InterAmerican Court of Human Rights of August 29, 1998, Considering clause 6, and Matter of Flores et al. in relation to the Case of Torres Millacura et al. v. Argentina, Provisional Measures regarding the Republic of Argentina. Order of the Court of November 26, 2013, Considering clause 4. 10 Cf. Matters of Monagas Judicial Confinement Center (“La Pica”), Yare I and Yare II Capital Region Penitentiary Centers, and Penitentiary Center of the Western Region (Uribina Prison), and El Rodeo I and el Rodeo II Judicial Confinement Center. Provisional Measures regarding Venezuela, Order of the Inter-American Court of Human Rights of November 24, 2009, Considering clause 3, and Matter of Flores et al in relation to the Case of Torres Millacura et al. v. Argentina, Provisional Measures regarding the Republic of Argentina. Order of the Court of November 26, 2013, Considering clause 11. 11 State brief of January 25, 2014 (case file on provisional measures, tome II folio 397). 5

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