jurisdiction, as Peru would in the instant case, would imply suppression of the exercise
of the rights and freedoms recognized in the Convention, it would be contrary to its
object and purpose as a human rights treaty, and it would deprive all the Convention’s
beneficiaries of the additional guarantee of protection of their human rights that the
Convention’s jurisdictional body affords.17
20.
As demonstrated above, the Inter-American Court has broadly interpreted the
procedural provisions of the American Convention for the purposes of complying with its
mandate as a body "with jurisdiction over matters related to compliance with the
commitments entered into by States Parties to [the] [American] Convention", in accordance
with Article 33 thereof. That interpretation has been executed in accordance with the norms
provided for both in the Vienna Convention on the Law of Treaties as well as in the
American Convention. The International Court of Justice itself has stated that "it can[not]
base itself on a purely grammatical interpretation of the text. [The Court] must seek an
interpretation which is harmonious with a natural and reasonable way of reading the text
[...]."18
III.
The jurisdiction of the Inter-American Court of Human Rights to order
provisional measures to monitor compliance with judgments.
21.
The Convention stipulates that the Inter-American Court may order provisional
measures "in matters brought before the Court." The Tribunal has continually interpreted
this provision using its constant jurisprudence and its various Rules of Procedure,
throughout its thirty years of operation, in the sense that it may order such measures "at
any stage of proceedings." Thus, on January 15, 1988, the Court ordered provisional
measures for the first time in three cases brought before it.19 In practice, it has largely been
at this stage of the procedure that the Court has ordered provisional measures.
22.
The Court has already made numerous references to the precautionary and
protective nature of these types of measures:
Under the International Law of Human Rights, provisional measures are not only
precautionary in nature, in the sense that they safeguard a legal situation, but they are
also fundamentally protective because they protect human rights, insofar as they seek to
avoid irreparable damage to persons. The measures are implemented whenever all the
basic requirements of extreme gravity and urgency, and of preventing irreparable harm to
people, are present. Thus, provisional measures become a true jurisdictional guarantee,
which is preventive in nature.20
17
Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54, para.
38, 40 and 41.
18
Cf. Case of the Anglo-Iranian Oil Company Case (United Kingdom v. Iran), Preliminary Objection,
Judgment of July 22, 1952, p. 104.
19
Cf. Cases of Velásquez Rodríguez, Fairén Garbi and Solís Corrales, and Godínez Cruz v. Honduras. Order of
the Inter-American Court of Human Rights of January 15, 1988. The Court was informed the in the State witnesses
who appeared before the Court were being killed.
20
Case of the "La Nación" Newspaper. Provisional Measures regarding El Salvador. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering Clause four.
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