3
2.
With respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
[…]
4.
The norm established in Article 63(2) of the Convention confers an obligatory
character by the State to adopt the provisional measures ordered by this Tribunal, given
that the basic legal principle of State responsibility, supported by international
jurisprudence, has indicated that States must fulfill their conventional obligations in good
faith (pacta sunt servanda)3.
5.
In International Human Rights law, provisional measures have a character not only
precautionary, in the sense that they preserve a legal situation, but fundamentally
protective, insofar as they protect human rights by seeking to prevent irreparable harm to
persons. Accordingly, provisional measures are transformed into a true legal guarantee of
a preventative character. 4
6.
As a result of its competence, in the context of provisional measures it is the
Court’s responsibility to consider solely and strictly those arguments that directly relate to
the extreme gravity, urgency, and the need to prevent irreparable harm to persons. Any
other fact or argument may only be raised and analyzed during the consideration of the
merits of a contentious case.5
*
*
*
7.
Prior to analyzing the implementation of the present provisional measures, the
Court deems it advisable to refer to a pending issue pursuant to the Order of February 6,
2008 (supra Having Seen *), in which the Tribunal requested that the representatives and
the Inter-American Commission clarify a situation regarding the beneficiaries of the
present provisional measures. This request arose due to the fact that during the public
hearing held regarding the present matter on February 4, 2008, the State considered that
“the precise and exact determination” of the members of the Peace Community is of “the
utmost importance,” taking into account that the territory of San José de Apartadó has a
population of approximately six thousand inhabitants, and that there has been a
contradiction between that maintained by the leaders and representatives of the Peace
3
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court of June
14, 1998, Considering Sixth; Matter of Guerrero Larez. Provisional Measures regarding Venezuela. Order of the
Inter-American Court of Human Rights of November 17, 2009, Considering fifth: and Matter of Alvarado Reyes et
al. Provisional Measures regarding the United Mexican States. Order of the Inter-American Court of Human Rights
oo May 26, 2010, Considering fifth.
4
Cf. Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering Fourth; Matter of Monagas Judicial
Confinement Center ("La Pica"); Matter of Guerrero Larez, Provisional Measures regarding Venezuela. Order of the
Inter-American Court of Human Rights of November 17, 2009, Considering Fourth; and Case of Caballero Delgado
and Santana. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of
February 3, 2010, Considering Fourth.
5
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court of
August 29, 1998, Considering sixth; Matter of Guerrero Larez, supra note 3, considering seventeenth; and Matter
of Alvarado Reyes et al. supra note 3, Considering sixteenth.