7
9.
That the Court perceives and weighs, for the purpose of adopting the instant Order,
that the State has not responded to the precautionary measures ordered by the InterAmerican Commission in its brief dated April 17, 2009, nor to those it ordered once more on
June 30, 2009 (supra Having Seen Clause Number 2. a). The lack of response by the State
has extended up to the present time, for neither did it forward the information requested by
the President of the Court in her Order dated August 24, 2009. Such conduct by the State
allows assuming that such measures have not had their intended effect and that the risk
situation which gave rise to them persists. The Inter-American Court highlights that it is
imperative for the State to answer and furnish information when the bodies in the InterAmerican System require it, so that the regional protection mechanism may work in an
effective manner.
10.
That the standard of prima facie assessment in a case and of applying presumptions
when faced with the need for protection have led the Court to order provisional measures
on various occasions.4
11.
That the persons mentioned by the Inter-American Commission in its request for
provisional measures and in the Order by the President would be, prima facie, in a situation
of extreme gravity and urgency, for their lives and personal integrity would be threatened
and in serious risk. Consequently, the Inter-American Court deems it necessary to protect
such persons, by means of provisional measures under the provisions in the American
Convention.
12.
That, as the Tribunal has pointed out before, the State has the specific duty to
protect the persons working for non-governmental organizations, as well as other groups or
individuals working in the defense of human rights, since the work they carry out is a
positive contribution complementing the efforts by the State in its capacity as the guarantor
of the rights of the persons under its jurisdiction5.
13.
That the State is bound to take all pertaining action so that the protection measures
provided in the instant Order be planned with the beneficiaries thereof or their
representatives taking part in such process, for the purpose of affording them the
aforementioned measures in a diligent and effective way.
14.
That the Tribunal deems fit to remind that, when provisional measures are the
matter, it befalls the Court to consider only and strictly those arguments directly related to
the extreme gravity and urgency, and the need to avoid irreparable damage to persons. All
other fact or argument may only be considered and determined by the Court when it is
considering a disputed case on the merits6.
4
Cf. inter alia, Matter of Monagas Judicial Confinement Center ("La Pica"). Provisional Measures regarding
Venezuela. Order by the President of the Inter-American Court of Human Rights dated January 13, 2006 ,
Considering Clause Number Sixteen; Matter of Fernández Ortega et al., supra note 1, Considering Clause Number
Fourteen; and Case of Mack Chang et al. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of Human Rights dated January 26, 2009, Considering Clause Number Thirty-Two.
5
6
Matter of Fernández Ortega et al.; supra note 1, Considering Clause Number Sixteen.
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights dated August 29, 1998, Considering Clause Number Six; Matter of Fernández
Ortega et al., supra note 1, Considering Clause Number Eighteen; and Matter of Carlos Nieto Palma et al.
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights dated January 26,
2009, Considering Clause Number Twenty-Two.