5
Community of San José de Apartadó case. Provisional Measures. Order of the President
of the Inter-American Court of Human Rights of October 9, 2000, considering clause
octavo; Haitians and Dominicans of Haitian Origin in the Dominican Republic case.
Provisional Measures. Order of the Inter-American Court of Human Rights of August 18,
2000, eleventh considering clause; Constitutional Court case. Provisional Measures.
Order of the Inter-American Court of Human Rights of August 14, 2000, ninth
considering clause; Constitutional Court case. Provisional Measures. Order of the
President of the Inter-American Court of Human Rights of April 7, 2000. Series E No. 2,
ninth considering clause; and Digna Ochoa y Plácido et al. case. Provisional Measures.
Order of the Inter-American Court of Human Rights of November 17, 1999. Series E No.
2, seventh considering clause).
10.
That the purpose of provisional measures, in domestic legal systems (domestic
procedural law) in general, is to preserve the rights of the parties in dispute, ensuring
that the judgment on merits is not prejudiced by their actions pendente lite.
11.
That the purpose of provisional measures, in international human rights law,
goes further, because, in addition to their essentially preventive nature, they must
protect fundamental rights effectively, inasmuch as they seek to avoid irreparable
damage to persons.
12.
That the President believes that it is necessary that the State guarantee to Mrs.
Loayza Tamayo the necessary conditions of security for her to be able to return to her
country without fear of suffering physical, mental and moral consequences (cf., inter
alia, Peace Community of San José de Apartadó case. Provisional Measures. Order of the
Inter-American Court of Human Rights of November 24, 2000, eighth considering clause
and decisions 5 and 6; Haitians and Dominicans of Haitian Origin in the Dominican
Republic case. Provisional Measures. Order of the Inter-American Court of Human Rights
of August 18, 2000, fourth decision; Alvarez et al. case. Provisional Measures. Order of
the Inter-American Court of Human Rights of January 21, 1998. Series E No. 2, fourth
decision; Giraldo Cardona case. Provisional Measures. Order of the Inter-American Court
of Human Rights of February 5, 1997. Series E No. 2, fifth considering clause; Giraldo
Cardona case. Provisional Measures. Order of the President of the Inter-American Court
of Human Rights of October 28, 1996. Series E No. 2, second decision; and Colotenango
case. Provisional Measures. Order of the Inter-American Court of Human Rights of June
22, 1994, second decision).
13.
That, according to Article 25.4 of the Rules of Procedure, the President of the
Court is authorized only to order the urgent measures necessary to ensure the
effectiveness of the Provisional Measures that the Court may adopt at its following
session (cf., inter alia, Constitutional Court case. Provisional Measures. Order of the
President of the Inter-American Court of Human Rights of April 7, 2000. Series E No. 2,
thirteenth considering clause; Paniagua Morales et al. and Vásquez et al. cases.
Provisional Measures. Order of the President of the Inter-American Court of Human
Rights of February 10, 1998. Series E No. 2, seventh considering clause; and Cesti
Hurtado case. Provisional Measures. Order of the President of the Inter-American Court
of Human Rights of July 29, 1997. Series E No. 2, ninth considering clause).
14.
That, in this case, the Court delivered the judgments on merits on September
17, 1997, and on reparations on November 27, 1998, and the Order of March 8, 1998,
on interpretation of judgment, and maintains jurisdiction for monitoring compliance with