23
persons, provisional measures become a true jurisdictional guarantee that is preventive
in nature.34
*
*
75.
The representative alluded to a situation of extreme gravity derived from the
order of detention that the victim received. According to the representative, “[t]he
situation is aggravated taken into account that [Mrs.] De La Cruz[…] could not access
any penitentiary benefit to be able to obtain her request for release, having eliminated
any type of penitentiary benefit to the persons condemned for the crime of terrorism,
that would be her case, through Law No. 29423, the Law that derogates the Legislative
Decree No. 927 that regulates the criminal execution of crimes of terrorism.”
76.
The Commission “consider[ed] it worrisome […] that with a basis in a decision
that at [its] criteria […] does not comply with the standards of the Inter-American Court
[…], can arrive at the detainment of the victim in this case.”
77.
After analyzing the foundations that sustain this request for the adoption of
provisional measures (supra Considering 76), it is shown that the object of the request
of the representative is connected to the obligation imposed on the State in the first
operative paragraph of the Judgment concerned, that is, “to observe the principle of
legality and of ex post facto laws consecrated in Article 9 of the American Convention
and the demands of legal due process in the new process that follows for Mrs. Maria
Teresa De La Cruz Flores.” Consequently, the issue raised relates to the possible capture
or detention of Mrs. De La Cruz Flores, regarding that it derives from an internal decision
that does not comply with that ordered by the Tribunal in its Judgment (supra
Considering 51) is directly related with the supervision of compliance with the same.35
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In the exercise of its powers of supervision of compliance with its decisions and in
conformity with Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention
on Human Rights, Articles 25(1) and 30 of the Statute, and Articles 31(2) and 69 of its
Rules,
34
Cf. Case of the Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering fourth; Matter of Alvarado Reyes et al.
Provisional Measures regarding Mexico. Order of the Inter-American Court of Human Rights of May 26, 2010,
Considering fourth, and Matter of the Forensic Anthropology Association. Provisional Measures regarding
Guatemala. Order of the Inter-American Court of Human Rights of July 21, 2010, Considering fifth.
35
In a similar sense, see Raxcaco Reyes et al. Request for Amplification of Provisional Measures
regarding Guatemala. Order of the Inter-American Court of Human Rights of February 2, 2007, Considering
twenty-first.