4
14.
Distinctly, in the international contentieux of human rights, the power of a tribunal
such as the Inter-American Court of Human Rights to order provisional measures of
protection aims basically at safeguarding the human rights set forth in the American
Convention, in a situation of extreme gravity and urgency and in face of the probability or
imminence of an irreparable damage to persons. Underlying the application of provisional
measures of protection by the Inter-American Court are superior considerations of
international ordre public, finding concrete expression in the protection ot the human being.
15.
Besides the preventive dimension of this protection, such measures disclose the
specificity of the International Law of Human Rights. In so far as the Inter-American Court
is concerned, such considerations of ordre public extend themselves to the exercise of the
advisory and contentious functions of the Tribunal in general, as well as to the provisional
measures of protection in particular, which - ordered as they are by an international tribunal
like the Inter-American Court - have a mandatory character.
16.
It is precisely by virtue of the principle ut res magis valeat quam pereat that the
correct application of the American Convention contributes to turn into reality the rights
protected thereunder, which, in turn, serve a concrete purpose (effet utile, principle of
effectiveness), that of the effective protection of human rights. Any interpretation to the
contrary would undermine the fulfilment of the object and purpose of the American
Convention. The provisional measures cannot be restrictively interpreted, and impose
themselves by their own raison d'être, as true jurisdictional guarantees of a preventive
character that they are.
17.
In the present case James and Others, the provisional measures of protection
ordered by the Court impose themselves, even more so when the situation of extreme
gravity and urgency, as well as the probability or imminence of an irreparable damage to
persons persist, as has been pointed out both by the Court, in its Resolution on Provisional
Measures of 29.08.1998 (paragraph 12), and by the Commission, in its written document of
today, 25.05.1999, submitted to the Court a couple of hours ago.
18.
With these foundations, I vote in favour of the present decision of the Court to
maintain the provisional measures of protection ordered in its Resolution of 29.08.1998, to
the benefit of the persons mentioned in the resolutory point 2 of the present Resolution,
amongst whom is Mr. Anthony Briggs, as well as to expand the provisional measures of
protection ordered in its Resolution of 29.08.1998, to the benefit also of the persons
mentioned in the resolutory point 2 of the present Resolution.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura Robles
Secretary