2.
The Court has indicated that provisional measures have a preventive nature insofar
as they preserve a legal situation, but they also have a fundamentally protective nature,
because they protect human rights by avoiding irreparable damage to persons.3 Regarding
the preventive nature, the object and purpose of the measures is to preserve the rights that
are possibly at risk until the dispute has been decided. They seek to ensure the integrity
and effectiveness of the decision on merits in order to avoid any harm to the rights in
litigation, a situation that could annul the practical effects of the final decision. Provisional
measures enable the State involved in the litigation to comply with the final decision and, if
applicable, with the reparations ordered.4
3.
Similarly, the provisions of Article 63(2) of the Convention signify that the State is
obliged to adopt the provisional measures ordered by this Court, because, pursuant to a
basic principle of international law, States must comply with their obligations in good faith
(pacta sunt servanda). Failure to comply with an order to adopt provisional measures issued
by the Court during the proceedings before the Commission and before the Court may give
rise to the State’s international responsibility.5
4.
In the context of provisional measures, the Court may only consider arguments that
are directly and strictly related to the situation of extreme gravity, necessity, and urgency of
avoiding irreparable damage that determined their adoption or if new equally serious and
urgent acts justify maintaining them. Any other matter, which is not related to this
situation, may only be submitted to the Court’s consideration in a contentious case.6
5.
According to the Orders of the Inter-American Court of November 23, 2004, June 29,
and September 22, 2005, February 4 and November 25, 2010, February 21 and July 5,
2011, and February 13, 2013 (supra having seen paragraph 1), the State must, inter alia,
protect the life and personal integrity of the beneficiaries.7 In addition, in the Order of
February 13, 2013, the State was required to adopt, immediately and effectively, all the
special and necessary measures, additional to those already adopted, in order to protect
and guarantee the life and personal integrity of the beneficiaries, so as to eliminate the
sources of danger and to avoid the death of another beneficiary.8 Thus, the State was
ordered to conduct a comprehensive risk assessment of each of the beneficiaries, and to
provide the Court with complete and detailed information on the results, with the
substantiating documentation, as well as on the measures and means of specific, adequate
3
Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of the Court of
September 7, 2001, fourth considering paragraph, and Case of the Barrios Family. Provisional measures with regard
to Venezuela. Order of the Court of February 13, 2013, second considering paragraph.
4
Cf. Matter of the Judicial Detention Center El Rodeo II. Provisional measures with regard to Venezuela. Order
of the Court of February 8, 2008, seventh considering paragraph, and Case of the Barrios Family. Provisional
measures with regard to Venezuela. Order of the Court of February 13, 2013, second considering paragraph.
5
Cf. Case of the Communities of Jiguamiandó and of the Curbaradó. Provisional measures with regard to
Colombia. Order of the Court of February 7, 2006, seventh considering paragraph, and Case of the Barrios Family.
Provisional measures with regard to Venezuela. Order of the Court of February 13, 2013, third considering paragraph.
6
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the Court of
August 29, 1998, sixth considering paragraph, and Matter of Alvarado Reyes et al. Provisional measures with regard
to Mexico. Order of the Court of November 23, 2012, fourth considering paragraph.
7
The following persons are beneficiaries of these measures: Eloisa Barrios, Inés Barrios, Beatriz Barrios,
Orismar Carolina Alzul García, Pablo Solórzano, Néstor Caudí Barrios, Maritza Barrios, Roni Barrios, Roniel Barrios,
Luis Alberto Barrios, Yelitza Lugo Pelaes, Arianna Nazaret Barrios, Oriana Zabaret Barrios, Víctor Cabrera Barrios,
Beatriz Cabrera Barrios, Luimari Guzmán Barrios, Luiseydi Guzmán Barrios, Génesis Andreina Barrios, Geilin Alexandra
Barrios, Elvira Barrios, Darelvis Barrios, Elvis Sarais Barrios, Cirilo Robert Barrios and Lorena Barrios.
8
Cf. Case of the Barrios Family. Provisional measures with regard to Venezuela. Order of the Court of
February 13, 2013, fifty-second considering paragraph.
3