CONSIDERING THAT:
1.
Honduras has been a State Party to the American Convention since
September 8, 1977 and accepted the jurisdiction of the Court on September 9, 1981.
2.
Article 63(2) of the Convention establishes that:
In cases of extreme gravity and urgency, and when necessary to avoid irreparable damage
to persons, the Court shall adopt such provisional measures as it deems pertinent in
matters it has under consideration. With respect to a case not yet submitted to the Court,
it may act at the request of the Commission.
3.
Article 27 of the Rules of Procedure establishes that:
1. At any stage of the proceedings involving cases of extreme gravity and urgency,
and when necessary to avoid irreparable damage to persons, the Court may, on its own
motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2)
of the Convention.
[…]
3.
In contentious cases before the Court, victims or alleged victims, or their
representatives, may submit to it a request for provisional measures, which must be
related to the Subject matter of the case.
[…]
4.
The provisions of Article 63(2) of the Convention confer an obligatory nature
on the State’s adoption of the provisional measures ordered by this Court, given that
the basic principle of the law on State responsibility, supported by international
jurisprudence, indicates that a State must comply with its international treaty
obligations in good faith (pacta sunt servanda).1
5.
Under international human rights law, provisional measures are not merely
precautionary in nature, in the sense that they preserve a juridical situation;
however, they are also fundamentally protective, because they safeguard human
rights, inasmuch as they seek to avoid irreparable harm to persons. The measures
are applicable provided that the basic requisites of extreme gravity and urgency, and
the prevention of irreparable harm to persons are met. In this way, provisional
measures become a real jurisdictional guarantee of a preventive nature.2
1
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of June 14, 1998, Considering Clause 6; Matter of Mery Naranjo et
al. Provisional measures with regard to Colombia. Order of the Inter-American Court of Human Rights of
March 4, 2011, Considering Clause 4, and Matter of Alvarado Reyes et al. Provisional measures with
regard to Mexico. Order of the Inter-American Court of Human Rights of May 15, 2011, Considering
Clause 4.
2
Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of
the Inter-American Court of Human Rights of September 7, 2001, Considering Clause 4; Matter of Wong
Ho Wing. Provisional measures with regard to Peru. Order of the Inter-American Court of Human Rights of
March 4, 2011, Considering Clause 10, and Matter of Alvarado Reyes et al.. Provisional measures with
regard to Mexico. Order of the Inter-American Court of Human Rights of May 15, 2011, Considering
Clause 5.
2