situation of potential risk as the relatives who are current beneficiaries. Additionally, the
President takes note that the State has not opposed the granting of provisional
measures to the benefit of these proposed beneficiaries. On the contrary, it has
expressed its "full willingness" to adopt the provisional measures ordered in this sense
(supra Having Seen 11(a))).
16.
The President recalls that the urgency required for the adoption of provisional
measures alludes to special and exceptional situations that require and merit immediate
actions and responses oriented toward averting the threat. These are circumstances that
due to their very nature presuppose an imminent risk. The nature of the response
needed for remedying the threat is derived from its level of urgency. The response must,
above all, be immediate and, in principle, timely in order to address such a situation, as
a lack of response would in itself imply a danger.14 Likewise, in cases such as this one,
the extreme gravity of the threat must be evaluated based on its specific context, it
being evident that if fundamental rights such as the rights to life and physical integrity
are compromised by these kinds of threats, the context is in principle one that merits
considering the adoption of protective measures.15 In this case, the irreparable character
of the damage that could result has to do with the rights to life and humane treatment of
the relatives of the beneficiaries.
17.
The prima facie evaluation standard in a given matter and the use of assumptions
given the need for protection have moved the President and the Court to order
provisional measures on several occasions.16
18.
By virtue of the foregoing considerations, the President finds that the threatening
phone call presumably received by beneficiary José Ángel Alvarado Favela and the
resulting difficult decision of the members of the Alvarado family to leave their
residences and jobs and take refuge in a secret place indicate prima facie a situation of
extreme gravity and urgency that justifies the broadening of protective measures with
the purpose of preventing irreparable damage to the other members of the family facing
the situation. As a result, this Presidency finds that the State must adopt the necessary
measures to protect the lives and personal integrity of the nine relatives of the
beneficiaries indicated by the Inter-American Commission in its request (supra
Considering 7).
II. Regarding the request for broadening
representatives of the beneficiaries
to
the benefit
of the
19.
The President takes note of the arguments expressed by the Commission to
request the broadening of these measures to the benefit of the representatives of the
beneficiaries, according to which: (i) the threats against the beneficiaries of these
provisional measures extend to the representatives of the beneficiaries by virtue of the
relationship of these threats with the investigation and allegation of the presumed
disappearance of beneficiaries Nitza Paola, Rocío Irene and José Ángel Alvarado, in which
the representatives have visibly and actively participated, and (ii) the alleged context of
14
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center, supra footnote 7,
Considering 18; Matter of Alvarado Reyes et al., supra footnote 6, Considering 47, and Matter of the Mery
Naranjo et al., supra 22, Considering 11.
15
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center, supra footnote 7,
Considering 17; Matter of Alvarado Reyes et al., supra footnote 6,
Considering 47, and Matter of Mery
Naranjo et al., supra 22, Considering 11.
16
Cf. inter alia, Matter of Monagas Judicial Confinement Center ("La Pica”). Provisional Measures
regarding Venezuela. Order of the Inter-American Court of Human Rights of January 13, 2006, Considering 16;
Matter of the Unidad de Internación Socioeducativa, supra footnote 7, Considering 5, and Matter of Mery
Naranjo et al., supra footnote22 Considering 13.
9