2
to analyze the results of the measures adopted by the Government of Nicaragua.
4.
The brief of January 10, 1997, from the Commission in which it requested the Court
that the provisional measures adopted be considered at an end in the case, inasmuch as:
[T]he Nicaraguan people voted on October 20, 1996, to elect its Government. At that election
Dr. Arnoldo Alemán-Lacayo was elected President of the Republic and is to assume the country's
highest office today. As a consequence, the Inter-American Commission on Human Rights
considers that the provisional measures duly ordered by the Honorable Court attained its main
purpose.
CONSIDERING:
1.
That Article 63(2) of the Convention provides that, in cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court may, in
matters not yet submitted to it, at the request of the Commission, take such provisional
measures as it deems pertinent.
2.
That in the instant case, in view of Mr. Alemán's election as President of Nicaragua
and, taking the Commission's request into account, the situation of "extreme gravity and
urgency" which prompted the adoption of the provisional measures has ceased to exist, in
itself making then no longer necessary.
3.
That inasmuch as the beneficiary of the measures is today President of the Republic
of Nicaragua, it is inappropriate for an international body to adopt provisional measures to
be instituted by a government on behalf of its own Head of State.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of Article 63(2) of the American Convention on Human Rights, and in exercise of
the powers conferred on it by Article 25 of its Rules of Procedure,
DECIDES:
1.
To close the provisional measures adopted by the Court in its Order of February 2,
1996, and consider them at an end.
2.
To communicate this Order to the Government of the Republic of Nicaragua and to
the Inter-American Commission on Human Rights.
3.
To close the file.
Héctor Fix-Zamudio
President
Hernán Salgado-Pesantes
Máximo Pacheco-Gómez
Alirio Abreu-Burelli
Alejandro Montiel-Argüello
Oliver Jackman
Antônio A. Cançado Trindade