2. Article 63.2 of the American Convention establishes that, “[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission”. 3. According to the provision established in Article 63(2) of the Convention, provisional measures ordered by this Tribunal are binding on the State in conformity to a basic principle of international law, as supported by international case law, under which States are required to comply with international treaty obligations in good faith (pacta sunt servanda).1 4. According to the International Human Rights Law, the provisional measures are not only precautionary in the sense that they preserve a legal situation, but they are also mainly protective since they protect human rights, insofar as they avoid irreparable damage to people. Provisional measures are adopted provided the basic requirements of extreme gravity and urgency and the prevention of irreparable damage to persons are met. In this sense, provisional measures become a real jurisdictional guarantee of a preventive nature.2 5. By reason of its competence, within the framework of provisional measures, it falls upon the Court to consider only those arguments which relate strictly to the extreme gravity and urgency and the necessity to avoid irreparable damage to persons. Such other fact or argument can only be analyzed and decided during the consideration of the merits of a contentious case.3 6. According to the Court’s Order of May 25, 2010, the State must, inter alia, adopt the measures necessary to protect the life, liberty and personal integrity of Mr. Juan Almonte Herrera and the life and integrity of Mr. Yuverky Almonte Herrera, Joel Almonte, Genaro Rincón and Francisco de León Herrera, as well as Ms. Ana Josefa Montilla, if she decides to return to the Dominican Republic (supra Having Seen clause 1). 7. Regarding the measures necessary to protect the life, liberty and personal integrity of Mr. Juan Almonte Herrera, who has been missing since September 28, 2009, date on which, according to the representatives of the beneficiaries, he was detained by the National Police and had had no contact with his next-of-kin and representatives4, the State informed that “Mr. Almonte Herrera is a fugitive”, therefore it ordered the Central Director of Criminal Investigations [of the National Police] to conduct the corresponding investigations in relation to [his] disappearance”. Moreover, it pointed out that the 1 See Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998; Considering clause six; and Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic. Provisional Measures regarding the Dominican Republic. Order of the Inter-American Court of Human Rights of December 1, 2011; Considering clause three. 2 See Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001; Considering clause four; and Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic; supra note 1, Considering clause four. 3 See Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998; Considering clause six; and Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic; supra note 1, Considering clause six. 4 See Matter of Almonte Herrera. Provisional Measures regarding the Dominican Republic. Order of the Inter-American Court of Human Rights of May 25, 2010, Considering Clause seven. 2