has already been ordered and the respective reparations measures awarded, the Court has
ordered provisional measures during the first stage of monitoring compliance.24 All in
accordance with the precautionary and protective nature of provisional measures because
the American Convention provides only "factual information"25 for the Inter-American Court
to order such measures. In other words, there is "a situation of extreme gravity and
urgency" and "when it is necessary to avoid irreparable damage to persons" while the case
is before it.
26.
Since it is the responsibility of the Inter-American Court to monitor compliance with
its judgments, it is clear that the "consideration" of the case does not cease with the
issuance of the ruling on the merits of the case and when the corresponding reparations are
awarded. The jurisdictional power of the Court, like any judicial body, "is exercised by ruling
and making rulings be exercised."26 This is because the Court "can [n]ot ignore the fate of
its decisions, which are always mandatory for States and exempt from review by a higher
court. The inter-American justice is exercised in one instance and the corresponding
Convention states that the decisions of the Court are binding on the parties."27 Therefore,
the Court still legally has "consideration" of the case while compliance of the respective
judgment is being verified by the Court. This has been reflected in the judgments of the
Court where is has consistently has been set forth in the operative paragraphs, with varying
February 2, 2007, operative paragraph two; Order of the Inter-American Court of Human Rights of November 21,
2007, operative paragraph two, and Order of the Court of Human Rights of May 9, 2008, operative paragraph six.
Case of 19 Merchants. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human
Rights of April 28, 2006, operative paragraphs one and second, Order of the Court Human Rights July 4, 2006,
operative paragraphs one and second, Order of the Court Human Rights May 12, 2007, operative paragraph two
and three; Order of the Inter-American Court Human Rights of July 8, 2009, operative paragraph four and five, and
Order of the Inter-American Court of Human Rights of August 26, 2010, operative paragraphs one and two; Case
of the Gómez Paquiyauri Brothers. Provisional Measures regarding Peru; Order of the Inter-American Court of
Human Rights of September 22, 2006, operative paragraph one; Resolution of the Inter-American Court of Human
Rights of May 3, 2008, operative paragraph two. Case of the Plan de Sánchez Massacre. Provisional Measures
regarding Guatemala. Order of the Inter-American Court of Human Rights of November 25, 2006, operative
paragraph one; Order of the Inter-American Court of Human Rights of November 26, 2007, operative paragraph
three. Case of Mapiripán Massacre. Provisional Measures regarding Colombia. Order of the Inter-American Court of
Human Rights of May 3, 2008, operative paragraph one; Order of the Inter-American Court of Human Rights of
September 2, 2010, operative paragraph one. Caso of Gutiérrez Soler. Provisional Measures regarding Colombia.
Order of the Inter-American Court of Human Rights of November 27, 2007, operative paragraph one; Order of the
Inter-American Court of Human Rights of July 9, 2009, operative paragraph one. Case of García Prieto et al..
Provisional Measures regarding El Salvador. Order of the Inter-American Court of Human Rights of February 3,
2010, operative paragraph two. Case of Fernández Ortega et el.. Provisional Measures regarding Mexico. Order of
the Inter-American Court of Human Rights of November 23, 2010.
24
Cf. Case of Mayagna (Sumo) Awas Tingni . Provisional Measures regarding Nicaragua. Order of the InterAmerican Court of Human Rights of September 6, 2002, operative paragraph one; Case of 19 Merchants.
Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of September 3,
2004, operative paragraph second, and Case of the Rochela Masacre. Provisional Measures regarding El Salvador.
Order of the Inter-American Court of Human Rights of November 19, 2009, operative paragraph one.
25
Cf. García Ramírez, Sergio, The Inter-American Court of Human Rights, Mexico, Porrua, 2007, p. 68.
26
Gimeno Sendra, José Vicente, Fundamentos del Derecho Procesal, Madrid, Civitas, 1981, p. 31.
27
García Ramírez, Sergio, "Reflexiones sobre las medidas provisionales en la jurisdicción interamericana,"
presentation of the first edition by Cantor Rey, Ernesto and Rey Anaya, Angela Medidas provisionales y medidas
cautelares en el sistema interamericano de derechos humanos 2nd Edition, Bogota, Temis, 2008, pp. XLIII y XLIV.
9