6
5.
That, under international human rights law, the purpose of provisional measures is
not merely precautionary, in the sense that they preserve a juridical situation, but they are
essentially protective because they protect human rights inasmuch as they seek to avoid
irreparable damage to persons. The measures are applicable as long as the basic standards
of extreme gravity and urgency, and of avoiding irreparable damage to persons, are met. In
such manner, provisional measures become a true judicial court remedy of a preventive
nature2.
6.
That the provision established in Article 63.2(2) of the Convention renders the
adoption by the State of the provisional measures this Tribunal may order mandatory for,
under the basic principle of the law on the international responsibility of States, upheld by
international case law, States are required to fulfill their international treaty obligations in
good faith (pacta sunt servanda)3.
*
*
*
7.
That the instant request for provisional measures is not related to a case pending
before the Curt, but it originated instead in a request for precautionary measures submitted
to the Inter-American Commission along with an individual petition on January 12, 2009.
According to what the Commission has reported, such petition is at the initial study stage
under number 28-09.
8.
That from the information provided by the Commission, it appears that the
mentioned persons would have suffered various acts of harassment, trespassing on their
private home and the subtraction of personal documents from there, including evidence of
what had happened to A. J. As a result of this last circumstance, the family decided to leave
their house and move to another town. Likewise, this Court perceives the special
seriousness of what the Commission communicated about the alleged deprivation of
personal liberty and of life to the detriment of B. J., father to A. J., allegedly by a group of
armed men (supra Having Seen Clause Number 2. c). Moreover, after the Inter-American
Commission adopted precautionary measures, there would have been personal and
telephone threats and arson at the J. family house, among other acts (supra Having Seen
Clause Number 2. d), creating a situation of extreme gravity and urgency and of possible
irreparable damage to the rights to life and to personal integrity of the persons mentioned
in the request by the Commission. All such facts would be motivated by the complaint such
persons had made on account of the rape A.J. would have suffered, allegedly by a
policeman.
Considering Clause Number Four; and Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of
the Inter-American Court of Human Rights dated July 6, 2009, Considering Clause Number Twenty-Four.
2
Cf. Case of Herrera Ulloa. Provisional Measures regarding Costa Rica. Order of the Inter-American Court of
Human Rights dated September 07, 2001 , Considering Clause Number Four; Matter of Fernández Ortega et al.,
supra note 1, Considering Clause Number Five; and Case of Gomes Lund et al., (Guerrilha do Araguaia). Provisional
Measures regarding Brazil. Order of the Inter-American Court of Human Rights dated July 15, 2009, Considering
Clause Number Four.
3
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights dated June 14, 1998, Considering Clause Number Six; Case of 19 Merchants v.
Colombia. Monitoring Compliance with Judgment and Provisional Measures. Order of the Inter-American Court of
Human Rights dated July 08, 2009, Considering Clause Number Four; and Matter of Fernández Ortega et al., supra
note 1, Considering Clause Number Six.