5
illegally. Nevertheless, those responsible for this illegal tree felling
had not been punished; and
ii.
“The grave situation of lack of protection in which [the
members of] the Awas Tigni Community live continues, and there
have even been death threats against its members by third parties
interested in the natural resources on the Community’s territory.”
CONSIDERING:
1.
That the State ratified the American Convention on Human Rights on
September 25, 1979, and, pursuant to Article 62 thereof, accepted the
compulsory jurisdiction of the Court on February 12, 1991.
2.
That Article 63(2) of the American Convention establishes that in cases of
“extreme gravity and urgency, and when is necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration.”
3.
That Article 25(1) of the Rules of Procedure of the Court stipulates that,
“[a]t any stage of the proceedings involving cases of extreme gravity and
urgency, and when is necessary to avoid irreparable damage to persons, the
Court may, at the request of a party or on its own motion, order such provisional
measures as it deems pertinent, pursuant to Article 63(2) of the Convention.”
4.
That Article 1(1) of the Convention embodies the obligation of the States
Parties to respect the rights and freedoms recognized therein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms. This obligation is even more evident in relation to those who are
involved in proceedings before the organs of supervision of the American
Convention.
5.
That the States Parties to the Convention must comply with its provisions
in good faith, which corresponds to a basic principle of the law of the international
responsibility of the State (pacta sunt servanda).1 Also, they must ensure the
inherent effects of such provisions (effet utile).2
6.
That, under international human rights law, the purpose of provisional
measures is not merely precautionary, in the sense that they preserve a juridical
situation, but they are essentially protective because they protect human rights
inasmuch as they seek to avoid irreparable damage to persons. Provided the
basic requirements of extreme gravity and urgency and the prevention of
1
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of
the Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994. Series A No. 14, para. 35; Case of Baena Ricardo et al. v. Panama. Monitoring
compliance with judgment. Order of the Inter-American Court of Human Rights of November 22,
2002, third considering paragraph; Case of García Asto and Ramírez Rojas v. Peru. Monitoring
compliance with judgment. Order of July 12, 2007, sixth considering paragraph; and Case of Molina
Theissen v. Guatemala. Monitoring compliance with judgment. Order of July 10, 2007, third
considering paragraph.
2
Cf., Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 24, para. 37; Case of Gómez Palomino v. Peru. Monitoring compliance with judgment. Order of
October 18, 2007, fourth considering paragraph, and the Case of García Asto and Ramírez Rojas,
supra note 1, seventh considering paragraph.
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