4
5.
Article 1(1) of the Convention sets forth the duty of the States Party to
respect the rights and liberties recognized therein and to ensure their free and full
exercise by all persons under their jurisdiction.
6.
In its August 29, 2001 Order, the Court decided:
1.
The Court will receive and independently hear the requests, arguments
and evidence by the beneficiaries of the provisional measures it has adopted in
cases in which an application has been filed before the Court, without this
releasing the Commission of its duty, within the framework of its obligations
under the Convention, of reporting to the Court, when the latter so requests.
2.
Only the Inter-American Commission on Human Rights may provide
information to the Inter-American Court of Human Rights on the processing of
measures the latter has ordered and when no application has been filed before
the latter.
7.
The purpose of Provisional Measures, in the national legal systems (domestic
procedural law) in general, is to protect the rights of the parties to a dispute,
ensuring that the judgment on the merits does not suffer detriment due to actions
by the parties pendente lite.
8.
The purpose of urgent and provisional measures, in International Human
Rights Law, goes further as, in addition to their essentially preventive nature, they
effectively protect fundamental rights, inasmuch as they seek to avoid irreparable
damage to persons.
9.
The instant Bámaca Velásquez vs. Guatemala case is being heard by the
Court in the stage of compliance with judgment and, therefore, pursuant to the
August 29, 2001 Order of the Court (supra Considering six), the representatives of
the victims have locus standi to submit their requests directly to the Court.
10.
Urgent and provisional measures may also be applied during the stage in
which the Court oversees compliance with its judgments, insofar as the information
submitted to the Court demonstrates prima facie the existence of a situation of
extreme gravity and urgency and imminence of irreparable damage to persons.1
11.
The Inter-American Court stated, in its judgment on the merits in the instant
case, that “the next of kin of the victims of human rights violations may, in turn,
become victims;”2 and it established that:
[t]he Court also considers that ignorance of the whereabouts of Bámaca
Velásquez caused his next of kin the profound anguish mentioned by the
1
Cf. Case of the Mayagna (Sumo) Awas Tingni Community. Provisional Measures. September 6,
2002 Order, Considering nine; Loayza Tamayo Case. Provisional Measures. February 3, 2001 Order. Series
E No. 3, Considering five and six, pp. 241-255 and Loayza Tamayo Case. Provisional Measures. December
13, 2000 Order of the President of the Inter-American Court of Human Rights. Series E No. 3, Considering
seven, pp. 231-239.
2
Cf. Bámaca Velásquez Case. November 25, 2000 Judgment. Series C No. 70, para. 160, quoting:
“Street Children” Case (Villagrán Morales et al.). November 19, 1999 Judgment. Series C No. 63, paras.
175 and 176 and Castillo Páez Case. Reparations (Art. 63(1) American Convention on Human Rights).
November 27, 1998 Judgment. Series C No. 43, para. 59; Blake Case. January 24, 1998 Judgment.
Series C No. 36, para. 115.
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