that the words "matter" and "case" are, with regard to the provisional measures,
synonyms, but also the States themselves in the Statute of the Court18 and the latter
even stated it in its Rules of Procedures, which it also approved.19
Additionally, it must be emphasized that in Article 27 of the Rules of Procedure of the
Court, found, as stated, in Title II "Procedure," it states that, "[a]t any stage of the
proceedings" the Court may order provisional measures, which leaves no doubt as to how
this legislative body interpreted the provisions of Article 63(2) of the Convention, namely
that such measures take place within a contentious case proceeding that the Court is
hearing or ruling upon.
The above is strengthened by what the Court itself expressed regarding the second
possibility to adopt provisional measures in accordance with Article 63(2) of the
Convention, i.e., in "matters yet to be brought before it”:
"[o]n previous occasions, the Court interpreted that the phrase 'matters not yet submitted to
it', contained in Article 63(2) of the Convention, supposes that there is at least a possibility
that the matter behind the request for provisional measures may be brought before the Court
in its contentious jurisdiction. For this small possibility to exist, the procedure set forth in
Articles 44 and 46 to 48 of the American Convention must have been initiated before the
Commission." 20
This jurisprudence therefore implies that in order for the Court to order provisional
measures with respect to "matters not yet brought before it" is necessary, on the one
hand, that there is a possibility that they may become contentious cases and, on the
other, that the Commission, "even when there is strictly still no contentious case before
the inter-American System," 21makes the corresponding request.
The Court’s affirmations clearly set forth that the general rule is that the provisional
measures proceed in contentious cases, i.e., in which it rules, and only exceptionally and
where requested by the Commission, on matters that are likely to become contentious
cases.
18
Approved by Resolution N° 448, passed by the OAS General Assembly during its ninth session, held in
La Paz, Bolivia, October 1979.
19
Passed by the Court during the LXXXV Ordinary Period of Sessions, held from November 16 to 28,
2009.
20
Cf. Matter of García Uribe et al. Provisional Measures regarding Mexico. Order of the Court of February
2, 2006, Considering Clause three and four; Matter of José Luis Álvarez Galdámez et al. Provisional Measures
regarding Honduras. Order of the Court of February 22, 2011, Considering Clause nine, and Matter of Alvarado
Reyes et al. Provisional Measures regarding the United Mexican States Order of the Court of May 15, 2011,
Considering Clause 10.
21
Cf. Matter of Alvarado Reyes et al. Provisional Measures regarding the United Mexican States, supra
note 20, Considering Clause 11: "The Court has deemed it necessary to clarify that, given the protective nature
of provisional measures [...], exceptionally, it is possible order them, even if strictly speaking there is no
contentious case before the inter-American system, in situations that, prima facie, could result in a serious and
urgent affectation of human rights. To do so, an assessment of the following should be carried out: the problem
raised, the effectiveness of State actions in light of the situation, and the lack of protection the beneficiaries of
the measures would face if they were not adopted. To achieve this it is necessary that the Commission present
sufficient grounds to meet the above criteria and that the State fails to clearly and sufficiently demonstrate the
effectiveness of certain measures adopted within the internal jurisdiction ."
4