16
a)
Request for Provisional Measures
8.
The Inter-American Commission has said that since September 8, 2003,
precautionary measures were granted in favor of the members of the Inter-Ecclesial
Commission on Justice and Peace and that although the State has adopted some
“tough” protection measures, these have not been sufficient to protect the lives and
right to humane treatment of the beneficiaries.
9.
For its part, the State made reference on three different occasions to the
precautionary measures implemented while this matter has been pending before the
Inter-American Commission (supra Having Seen 9, 17, 24).
10.
The request for provisional measures on behalf of the Commission is based on
four main points: 1) the alleged intelligence activities against the ICJP and its
members; 2) the alleged framing of various ICJP members; 3) the alleged
accusations and smear campaigns against the organization, and 4) the alleged
threats and attempts against the right to humane treatment of various ICJP
members (supra Having Seen 2). Based on the facts indicated with respect to each
one of these points, the Commission opined that a situation of extreme gravity and
urgency did indeed exist, along with the need to avoid irreparable harm.
11.
In this regard, the Court finds that the analysis of the facts and allegations of
the Commission relating to points 1, 2, and 3 of the preceding paragraph would be
subject to examination in potential contentious case proceedings were such
proceedings to be commenced. This Court has already stated that a ruling on the
merits of the case may be achieved by way of a judgment in normal contentious case
proceedings, and not through a request for provisional measures.13 Furthermore,
the Court finds that these allegations do not meet the requirements for the award of
provisional measures pursuant to Article 63(2) of the Convention.
12.
Consequently, in the analysis of the present request for provisional measures,
the Court will not consider the above factual allegations due to the impossibility of
entering into a discussion of matters more properly addressed during contentious
case proceedings.
b)
Existence of Alleged Threats and Attempts Against Personal integrity
13.
The Inter-American Commission has also based its request for provisional
measures on the existence of alleged threatening acts and attempts against the right
of Human Rights of August 30, 2010, Considering clause six; and, Matter of Gladys Lanza Ochoa, supra
note 8, Considering clause seven.
13
Cf. Matter of James et al., supra note 12, Considering clause seven; Matter of the Communities of
Jiguamiandó and Curbaradó, supra note 12, Considering clause seven; and, Matter of Gladys Lanza Ochoa,
supra note 8, Considering clause seven.