5
effect of the final decision. Provisional measures thus permit that the State in question to
be able to comply with the final decision and, where appropriate, proceed to the remedies
ordered.4 Regarding the protective nature of provisional measures, this Court has indicated
that provisional measures transform into a real legal guarantee of a preventive character
because they protect human rights inasmuch as they seek to avoid irreparable harm to
persons.5
7.
In the present case, the proposed beneficiaries submitted, together with their request
to the Commission for the present provisional measures, an initial petition pursuant to
Article 44 of the American Convention. For this reason, the analysis regarding the two
dimensions (protective and precautionary) of provisional measures moves forward. The
Tribunal recalls that for both the protective dimension and the precautionary one it is
necessary that the three requisite elements enshrined in Article 63(2) of the Convention are
met in order to the provisional measures requested, namely: i) “extreme gravity”; ii)
“urgency”; and iii) the need to “avoid irreparable damages to persons.” These three
conditions coexist and must be present in every instance for which the Tribunal’s
intervention is requested.6
8.
Regarding the issue of gravity for the purpose adopting provisional measures, the
Convention requires that it be “extreme,” that is, that it be in its most intense or elevated
degree. The urgent character implies that the risk or threat at issue is imminent, which
requires that the response to remedy such a situation also be immediate. Finally, regarding
the harm, there must be a reasonable probability that it materialize, and such harm must
not be a question of goods or legal interests that may be repairable.7
9.
When confronted with a request for provisional measures, the Court may not consider
the merits of any argument apart from those strictly related to the extreme gravity,
urgency, and the need to avoid irreparable harm to persons. Any other matter may only be
submitted to the Court for consideration via contentious case proceedings.8
10.
In the present matter, according to the Commission, the Court is not called to opine
on the compatibility or not of the radio station closures with the provisions of the
Convention, the procedure followed for that effect, nor the alleged violations to the rights of
the proposed beneficiaries. All these facets could be debated by the petitioners and the
State before the Inter-American Commission pursuant to the rules established in the
Convention and the Commission’s own Rules of Procedure in the event that the initial
petition were to be declared admissible. This Tribunal’s only task with respect to the
4
Cf. Case of Carpio Nicolle et al. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of Human Rights of July 6, 2009, Considering clause fourteen; Matter of Eloisa Barrios et al., supra note 3,
Considering clause five; and Matter of Giraldo Cardona et al., supra note 3, Considering clause three.
5
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper), supra note 3, Considering clause four;
Matter of Eloisa Barrios et al., supra note 3, Considering clause five; and Matter of Giraldo Cardona et al., supra
note 3, Considering clause three.
6
Cf. Case of Carpio Nicolle et al., supra note 4, Considering clause fourteen; Matter of Natera Balboa, supra
note 2, Considering clause ten; and Matter of Eloisa Barrios et al. Provisional Measures regarding Venezuela. Order
of the Inter-American Court of Human Rights of February 4, 2010, Considering clause two.
7
Cf. Matters of the Monagas Judicial Confinement Center (“La Pica”), Yare I and Yare II Capital Region
Penitentiary Center (Yare Prison), the Penitentiary Center of the Central-Occidental Region (Uribana Prison), and El
Rodeo I and el Rodeo II Capital Judicial Confinement Center. Provisional Measures regarding Venezuela. Order of the
Inter-American Court of Human Rights of November 24, 2009, Considering clause three.
8
Cf. Case of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Inter-American
Court of Human Rights of August 29, 1998, Considering clause six; Matter of Adrián Meléndez Quijano et al.
Provisional Measures regarding El Salvador. Order of the Inter-American Court of Human Rights of February 2,
2010, Considering clause three; and Matter of Eloisa Barrios et al., supra note 6, Considering clause three.