3 2. Article 63(2) of the American Convention provides that, “[i]n 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(1) of the Rules of the Court2 provides: 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, 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. Under international human rights law, provisional measures are not only precautionary in nature, in that they preserve a legal situation, but also essentially preventive, in the sense that they safeguard 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 irreparable damage to persons are met, provisional measures become a real jurisdictional guarantee of a preventive nature.3 5. In its Order of December 7, 1994, the Court adopted provisional measures to protect the life and personal integrity of Ms. María Nodelia Parra, Mr. Gonzalo Arias Alturo, and others, who had offered testimony before the Court in the present case and had been threatened. The measures were rescinded by an Order of the Tribunal on January 31, 1997, after the issuance of the Judgment of reparations and costs of the case and because the State had adopted the necessary actions to fulfill the objective for which they had been ordered. Previously, given that “various witnesses that gave declarations in [the contentious case] ha[d] been harassed, followed, and received intimidating calls after the judgment of the Court regarding the reparations and the Order […] that rescinded the provisional measures adopted in the case […] was made public,” by Order of April 16, 1997, the Court ordered the urgent protection of the life and personal integrity of the five prior beneficiaries. Through the Orders of June 3, 1999, July 4, 2006, and February 6, 2008, the Tribunal maintained the measures of protection adopted in favor of Ms. María Nodelia Parra and Mr. Gonzalo Arias Alturo (hereinafter “the beneficiaries”). 6. More than fifteen years after since the adoption of the first provisional measures in favor of the beneficiaries and almost two years since the last Order issued in the present case, the Court finds it timely to analyze the current situation of Mr. Gonzalo Arias Alturo and Ms. María Nodelia Parra and to issue the present Order. 2 Rules of the Court approved in its LXXXV Ordinary Period of Sessions, held November 16-28, 2009. 3 Cf. Case of the “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the Inter-American Court of Human Rights of September 7, 2001, Considering clause four; Matters of Matter of Monagas Judicial Confinement Center ("La Pica"); Matter of Yare I and Yare II Capital Region Penitentiary Center; Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison), and Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 24, 2009, Considering claue six, and Matter of Guerrero Larez. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009, Considering clause four.

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