belonging to a particular group or community, 5 such as inmates incarcerated in a
correctional facility. 6 In the present matter, the Inter-American Commission
requested that this Court order protection for all of the inmates and other persons
present in the Socio-Educational Internment Facility of the municipality of Cariacica.
6.
The Court finds it necessary to clarify that, in view of the precautionary
character of provisional measures, it is possible to order them - even when a
contentious case does not currently exist in the Inter-American system - in
exceptional circumstances that, prima facie, may result in a serious and urgent
harm to one’s human rights. To that end, the Court shall undertake an assessment
of the problem posed, the effectiveness of State actions in response to the situation
described, and the degree of defenselessness in which the persons requesting such
measures would find themselves were the measures not adopted. To achieve this
objective, it is necessary that the Inter-American Commission present sufficient
grounds addressing the aforementioned criteria and that the State not be able to
clearly and effectively demonstrate the effectiveness of any measures it may have
adopted domestically. 7
7.
Article 63(2) of the Convention requires the concurrence of three conditions
in order for the Court to be able to order provisional measures: i) “extreme
gravity”; ii) “urgency”; iii) and the need to “avoid irreparable harm to persons.”
These three conditions coexist and must be present in all instances in which the
Court’s intervention is sought. 8
8.
Regarding the issue of gravity, for the purposes of the adoption of provisional
measures, the Convention requires that it be “extreme”; that is, that the
seriousness must be at its most intense or highest level. The urgent nature implies
that the risk or threat involved is imminent, which requires that the response to
correct it be immediate. Finally, regarding damages, there must be a reasonable
probability that such damages will materialize, and liability must not be limited to
damage to repairable property or legal interests. 9
5
Cf., inter alia, Matter of the Peace Community of San José de Apartadó regarding Colombia.
Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of
November 24, 2000, Considering clause seven; Matter of The Communities of Jiguamiandó and
Curbaradó regarding Colombia. Provisional Measures regarding Colombia. Order of the Inter-American
Court of Human Rights of November 17, 2009, Considering clause six, and Matter of Penitentiary Center
of Aragua "Tocorón Prison,” supra note 2, Considering clause thirteen.
6
Cf., inter alia, Matter of the Urso Branco Prison. Provisional Measures regarding Brazil. Order of
the Inter-American Court of Human Rights of June 18, 2002, Considering clause nine; Matter of Capital
El Rodeo I & El Rodeo II Judicial Confinement Center regarding Venezuela, Request for Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 8, 2008,
Considering clause twenty-one, and Matter of Penitentiary Center of Aragua "Tocorón Prison,” supra note
2, Considering clause thirteen.
7
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center regarding Venezuela.,
supra note 6, Considering clause nine; Matter of Guerrero Larez. Provisional Measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009, Considering
clause eight, and Matter of Penitentiary Center of Aragua "Tocorón Prison,” supra note 2, Considering
clause seven.
8
Cf. Case of Carpio Nicolle et al. Provisional Measures regarding Guatemala. Order of the InterAmerican Court of Human Rights of July 6, 2009, Considering clause fourteen; Matter of Penitentiary
Center of Aragua "Tocorón Prison,” supra note 2, Considering clause eight, and Matter of Alvarado Reyes
et al, supra note 2, Considering clause thirty-seven.
9
Cf. Matter of Monagas Judicial Confinement Center ("La Pica"), Matter of Yare I and Yare II
Capital Region Penitenciary 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 clause three; Case of De La Cruz Flores V. Perú. Monitoring of Compliance with
Judgement and Request for Adoption of Provisional Measures. Order of the Inter-American Court of
8