and her daughters [and] consider[ed] that this information […] would make it possible to
determine whether the risks to the safety and physical and personal integrity of the
beneficiaries still exist or have been overcome and, thus, be able to objectively decide on
the continuation of the [p]rovisional [m]easures in relation to [these].” The argument
concerning the lack of information in those investigations was reiterated by the
representatives in their briefs of observations presented in 2012.
32.
In this regard, the Inter-American Commission, in its brief of observations of
February 14, 2012, “note [d] that […] the information available to date is insufficient to
assess the appropriateness of maintaining the provisional measures in favor of these
beneficiaries [and] consider[ed] that there are relatively recent indications–the telephone
calls reported by the representatives- that the situation of risk continues, which, in the
absence of other elements of information, makes it difficult to reach a conclusive opinion on
this point.” This position was reiterated in its briefs of observations of July 13, 2012 and
January 29, 2013. In this last brief, the Commission also “consider[ed] that the parties
could seek an updated evaluation of the risk faced by these beneficiaries through the
mechanisms established at the domestic level for those purposes.”
33.
Article 63(2) of the Convention requires the concurrence of three conditions for the
Court to order provisional measures: a) “extreme gravity”; b) “urgency”, and c) the need to
“avoid irreparable damage” to persons. These three conditions must coexist and must be
present in any situation in which the Court’s intervention is requested. Likewise, the three
conditions described must persist for the Court to maintain the protection ordered. 17 If one
of these has ceased to exist, it will be up to the Court to consider the pertinence of
continuing with the protection ordered. 18
34.
The Court recalls that when ordering protection measures, the Court or its President
may apply the principle of prima facie assessment of a case, which sometimes requires the
application of assumptions when considering protection needs. 19 Notwithstanding this,
maintaining protection measures requires the Court to rigorously assess the persistence of
the situation that gave rise to these. 20 In order to maintain provisional measures it is
necessary that the circumstances of extreme gravity and urgency, and the need to avoid
irreparable damage persist, along with their direct relationship with the facts that prompted
the granting of the provisional measures in this case. Thus, having regard to the Court’s
requirements to consider the need to maintain these, this information must be duly
demonstrated and justified. 21
17
Cf. Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Inter-American Court
of July 6, 2009, Considering paragraph 14, and Matter of Wong Ho Wing Provisional Measures regarding Peru.
Order of the Inter-American Court of April 27, 2012, Considering paragraph 3.
18
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of August 29, 1998, Considering paragraph 6, and Matter of Wong Ho Wing Provisional Measures
regarding Peru. Order of the Inter-American Court of April 27, 2012, Considering paragraph 3 in fine.
19
Cf. Case of Raxcacó Reyes et al. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of August 30, 2004, Considering paragraph 10, and Matter of A. J. et al. Provisional Measures regarding
Haiti. Order of the Inter-American Court of February 22, 2011, Considering paragraph 11.
20
Cf. Matter of the Kankuamo Indigenous People. Provisional Measures regarding Colombia. Order of the
Inter-American Court of April 3, 2009, Considering paragraph 7, and Matter of Haitians and Dominicans of Haitian
origin in the Dominican Republic Provisional Measures regarding Dominican Republic. Order of the Inter-American
Court of February 29, 2012, Considering paragraph 28.
21
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the Inter-American
Court of March 14, 2001, Considering paragraph 4, and Case of 19 Tradesmen. Provisional Measures regarding
Colombia. Order of June 26, 2012, Considering paragraph 23.
11