Tribunal has also indicated that provisional measures are exceptional in nature and
related to a specific temporary situation; also, owing to their nature, they cannot be
extended indefinitely.6 Clearly the fact that no new threats are occurring may be due
precisely to the effectiveness of the protection provided or to the dissuasive nature of the
order of the Tribunal. Nevertheless, the Court has considered that the passage of a
reasonable period of time without threats or harassment, added to the absence of
imminent danger, may lead to the lifting of the provisional measures.7 Also, irrespective
of the fact that the Court has specified in this order that it will not examine the
information provided by the representatives and the Inter-American Commission on the
status of the domestic investigations in the context of these provisional measures (supra
Considering 7), the Court finds it pertinent to indicate that an alleged failure to
investigate by the State does not necessarily in itself constitute a circumstance of
extreme gravity and urgency that justifies maintaining the provisional measures.8
22.
In this regard, the Court observes that on repeated occasions the representatives
were asked to present their comments on various reports of the State (supra Having
Seen 7). Lastly, as regards Ricardo Gutiérrez Soler, Yaqueline Reyes, Leonardo Gutiérrez
Rubiano, Ricardo Gutiérrez Rubiano, Sulma Tatiana Gutiérrez Rubiano, Paula Camila
Gutiérrez Reyes, Luisa Fernanda Gutiérrez Reyes, who are outside Colombia, and Carlos
Andrés Gutiérrez Rubiano and Leydi Caterin Gutiérrez Peña, who reside in Bogotá, the
briefs presented by the representatives make no mention of facts, particularly recent
ones, that would confirm the continuation of the situation of extreme gravity and urgency
and the danger of irreparable harm that gave rise to the provisional measures ordered in
their favor. The same situation is reflected by the briefs submitted by the Commission. In
this regard, in view of the absence of elements that would allow the Court to assess the
situation of these people, and given that approximately two years have elapsed since the
last order delivered by the Court in this matter without the representatives having
presented the information it requested concerning said persons, the Court finds it
appropriate to lift the provisional measures ordered to their benefit.
23.
Nevertheless, the Court reiterates that Article 1(1) of the American Convention
establishes the general obligations of States Parties to respect the rights and freedoms
embodied therein and ensure their free and full exercise to all persons subject to their
jurisdiction, in all circumstances. In this regard, the assumptions made for the Court to
lift provisional measures can never imply that the State is relieved of its obligations of
protection under the Convention. Consequently, the Court emphasizes that, irrespective
of the existence of specific provisional measures, the State is obliged to ensure the rights
of Ricardo Gutiérrez Soler, Yaqueline Reyes, Leonardo Gutiérrez Rubiano, Ricardo
Gutiérrez Rubiano, Sulma Tatiana Gutiérrez Rubiano, Paula Camila Gutiérrez Reyes,
Provisional measures with regard to Mexico. Order of the Inter-American Court of Human Rights of November
25, 2008, thirteenth considering paragraph; and Case of López Álvarez et al. Provisional measures with regard
to Honduras. Order of the Inter-American Court of Human Rights of January 26, 2009, twenty-fifth considering
paragraph.
6
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 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, forty-sixth
considering paragraph.
7
Cf. Matter of Gallardo Rodríguez. Provisional measures with regard to Mexico. Order of the InterAmerican Court of Human Rights of July 11, 2007, eleventh considering paragraph; Case of the Mapiripán
Massacre, supra note 6, twenty-eighth considering paragraph, and Matter of the Mendoza Prisons, supra note 5,
thirty-ninth considering paragraph.
8
Cf. Case of the Constitutional Court. supra footnote 6, fourth considering paragraph; Matter of
newspapers El Nacional and Así es la Noticia. Provisional measures with regard to Venezuela. Order of the Court
of November 25, 2008, thirty-sixth considering paragraph, and Case of López Álvarez et al. supra footnote 6,
twenty-third considering paragraph.
7