gravity and urgency that warrants maintaining the provisional measures, 10 unless the lack of
investigation is clearly connected to the extremely grave risk or threat to life and personal
integrity. In sum, failure to comply with the obligation to investigate is not per se sufficient
reason to maintain the provisional measures. 11 In this regard, the Court observes that, when
adopting these provisional measures, several complaints had been filed before different State
authorities and that some of these authorities had gone to the Penitentiary and had met with
the prison authorities, confirming the situation of uncertainty about what happened to Mr.
Guerrero Larez. 12 Also, when maintaining the measures in force in 2011, the absence of
progress in the investigation, and the absence of information on the whereabouts of Mr.
Guerrero Larez led to the presumption that he was in grave danger of having his rights to life
and personal integrity violated. 13
13.
As Mr. Guerrero Larez is still disappeared, the grave risk to his life and integrity
continues. However, the passage of time in this matter and the lack of progress in the
investigations directly affect the practical effects of these provisional measures, whose basic
purpose was to avoid irreparable damage to the life and integrity of Mr. Guerrero Larez by the
prompt action of the national authorities to discover his whereabouts. Even though these
measures have been in force for three years and nine months, the Court still has no
information on specific progress or results that would allow it to determine clearly what
happened to Mr. Guerrero Larez or his whereabouts, so that the protection that it was hoped
they would provide has been ineffective. Consequently, owing to the particular circumstances
of this matter, and taking into account that provisional measures are exceptional in nature and
relate to a specific temporary situation so that, given their characteristics they cannot be
perpetuated indefinitely, 14 the Court must order that they be lifted and that the possible
violations of the American Convention derived from what happened to Mr. Guerrero Larez be
examined by means of a contentious case, if the necessary presumptions exist, and not in the
context of the provisional measures. 15
14.
In addition, it is opportune to recall that the Court has indicated that, regardless of the
existence of specific provisional measures, the State has a special obligation to ensure the
rights of those deprived of their liberty, 16 because the State is in a special position of guarantor
10
Cf. Case of Carpio Nicolle et al., supra note 4, twenty-fourth considering paragraph, and Matter of Álvarez et
al., supra note 5, one hundred and third considering paragraph.
11
Cf. Case of Carpio Nicolle et al., supra note 4, twenty-fourth considering paragraph, and Matter of Álvarez et
al., supra note 5, one hundred and third considering paragraph.
12
Cf. Matter of Guerrero Larez, Provisional measures with regard to Venezuela. Order of the Inter-American
Court of Human Rights of November 17, 2009, eleventh considering paragraph.
13
Cf. Matter of Guerrero Larez, supra note 6, ninth considering paragraph.
14
Cf. Matter of the Communities of the Jiguamiandó and of the Curbaradó. Provisional measures with regard to
Colombia. Order of the Inter-American Court of Human Rights of August 30, 2010, seventieth considering paragraph,
and Matter of Haitians and Dominicans of Haitian Origin in the Dominican Republic. Provisional measures with regard
to Dominican Republic. Order of the Inter-American Court of Human Rights of February 29, 2012, forty-eighth
considering paragraph.
15
Cf. Matter of Children and Adolescents deprived of liberty in the “Tatuapé Complex” of the CASA Foundation.
Provisional measures with regard to Brazil. Order of the Inter-American Court of Human Rights of July 3, 2007,
seventeenth considering paragraph and Matter of the Peace Community of San José de Apartadó. Provisional measures
with regard to Colombia. Order of the Inter-American Court of Human Rights of August 30, 2010, twenty-ninth
considering paragraph.
16
Cf. Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Order of the President of
the Inter-American Court of Human Rights of August 22, 2007, sixteenth considering paragraph, and Matter of the
Socio-educational Internment Facility. Provisional measures with regard to Brazil. Order of the Inter-American Court of
Human Rights of November 20, 2012, twenty-first considering paragraph.
6