9.
The Court observes that although the Inter-American Commission forwarded
information on attacks allegedly suffered by a relative of one of the beneficiaries, it is
not evident from this information that the said acts have any relationship to the
alleged facts that led the Court to adopt these provisional measures. For their part,
neither the beneficiaries nor their representatives provided any information on the next
of kin of the beneficiaries for whom the expansion had been requested. Consequently,
the Court has no information on “the individual situation, the existence, the nature,
and the origin or source of the respective risk of the next of kin mentioned in the InterAmerican Commission’s expansion request,” as required in the sixth operative
paragraph of the Order of September 21, 2009, that would permit retaining the
provisional measures with regard to them.
c)
Conclusion
10.
Article 63 of the Convention requires the presence of three conditions to enable
the Court to order provisional measures: (a) extreme gravity”; (b) urgency,” and (c)
that they are required “to avoid irreparable damage to persons.” These three
conditions are co-existent and must be present in any situation in which the Court’s
intervention is requested. Similarly, these three conditions must persist for the Court
to maintain the protection ordered. If one of them is no longer in effect, the Court
must assess the pertinence of continuing the protection ordered.
11.
When ordering measures of protection, the Court or whoever presides it, does
not require, in principle, evidence of the facts that prima facie appear to comply with
the requirements of Article 63(2) of the Convention. However, to the contrary,
maintaining protection measures requires the Court to evaluate the persistence of the
situation of extreme gravity and the urgency of avoiding irreparable damage that gave
rise to them,3 based on probative information.4
12.
These measures were ordered owing to the prima facie assessment of a threat
to the rights to life and personal integrity of the beneficiaries established in the Order
of the President of the Court at the time dated August 24, 2009.
13.
However, when adopting this Order, the Court notes and weighs that the
requirement of forwarding information in order to maintain these provisional measures
has not been complied with. Indeed, the Court recalls that the beneficiaries and their
representatives have not responded satisfactorily to the reiterated requests for
information sent by the Court since the adoption of these provisional measures (supra
having seen paragraphs 9, 10 and 12); thus, the Court does not have the minimum
3
Cf. Matter of the Kankuamo Indigenouos People. Provisional measures with regard to Colombia.
Order of the Inter-American Court of Human Rights of April 3, 2009, seventh considering paragraph; Case of
Eloisa Barrios et al. Provisional measures with regard to Venezuela. Order of the Inter-American Court of
Human Rights of November 25, 2010, fourth considering paragraph, and Matter of the Mendoza Prisons.
Provisional measures with regard to the Argentine Republic. Order of the Inter-American Court of Human
Rights of November 26, 2010, fortieth considering paragraph.
4
Cf. Case of Carpio Nicolle et al. Provisional measures with regard to Guatemala. Order of the InterAmerican Court of Human Rights of July 6, 2009, fifteenth considering paragraph; Matters of the Monagas
Detention Center (“La Pica”); the Capital Region Penitentiary Center Yare I and Yare II (Yare Prison); the
Occidental Region Penitentiary Center (Uribana Prison), and the Capital Detention Center El Rodeo I and El
Rodeo II. Provisional measures with regard to the Bolivarian Republic of Venezuela. Order of the InterAmerican Court of Human Rights of November 24, 2009, fourth considering paragraph, and Matter of the
Mendoza Prisons, supra nota 3, fortieth considering paragraph.
5