wording, that "[p]ursuant to the provisions of the American Convention on Human Rights,
the Court shall monitor the full compliance with this Judgement and it will close the [...]
case once the State has fully implemented the provisions set forth thereof." Therefore, the
Court's "consideration" the case ends only after the State has complied in full with the
respective judgment and when the Court so declares, leaving no doubt, thus, that in that
context the Court has perfect and strong jurisdiction in matters of provisional measures.
27.
The jurisprudence of the Inter-American Court illustrates, incidentally, that even
when a judgment has been passed there have been situations that endanger the rights
involved in the decision of the Court and, therefore, hinder the effective compliance with the
ruling. On this point, it should be noted that the Court has already ruled, "the effectiveness
of judgments depends on their execution. The process should lead to the materialization of
the protection of the right recognized in the judicial ruling, by the proper application of this
ruling."28 Therefore, on several occasions, the Court has ordered provisional measures, or
has maintained provisional measures ordered prior to its decision on merits, during the
monitoring of compliance with judgments, precisely because the compliance of its decisions
"is strongly related to the right to access to justice, which is embodied in Articles 8 (Right to
a Fair Trial) and 25 (Judicial Protection) of the American Convention."29 Furthermore, the
Inter-American Court has ordered the adoption of provisional measures after a decision to
lift them, when during the monitoring of compliance events have taken place that, according
to Article 63(2) of the Convention, have made them necessary. On this point, it is worth
stating that the measures ordered in the case of Mister Delgado and Santana v. Colombia.
On January 29, 1997, the Court issued a judgment on reparations in this case. Two days
later, the Court issued an order lifting the provisional measures it had previously ordered.
But three months later, on April 16, 1997, the Court issued an order, again, providing for
the adoption of these measures. This was not only at the request of representatives of the
victims but also the State itself. What Colombia specifically requested on that occasion was:
To [c]onsider the possibility of reviewing the content of the order [of January 31, 1997],
and instead, to order the continuation of the measures ordered, as long as the risk
situation continues, bearing in mind that the internal proceedings are currently being
carried out by the investigating authorities [...] The Government of Colombia will inform
the Honorable Court when it considers that the situation no longer warrants
maintenance of the measures requested, but until then, it trusts that these will be
maintained, inasmuch as it is a question of protecting the life and physical integrity of
those persons who have given evidence in the proceedings now under way and at those
conducted by the [...] Inter-American Court of Human Rights.
28.
In this regard, in some decisions the Court has established a comparison between
the provisional measures ordered by the Court and the precautionary measures, provisional
or precautionary measures that are issued internally to ensure the effectiveness of domestic
judgments or decisions:
the purpose of the provisional measures in national (domestic procedural) legal systems
generally is to protect the rights of contending parties, ensuring that the execution of
judgments on the merits and reparations is not hindered or impeded by their conduct.
28
Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003.
104, para. 73.
29
Case of Baena Ricardo et al. v. Panama, supra note 28, para. 74.
10
Series C No.