3
2.
Article 63(2) of the American Convention provides that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,
the Court shall adopt such provisional measures as it deems pertinent in matters it
has under consideration. With respect to a case not yet submitted to the Court, it
may act at the request of the Commission.”
3.
Article 27(1) of the Rules of the Court2 provides:
At any stage of the proceedings involving cases of extreme gravity and urgency,
and when necessary to avoid irreparable damage to persons, the Court may, at
the request of a party or on its own motion, order such provisional measures as
it deems pertinent, pursuant to Article 63(2) of the Convention.
4.
Under international human rights law, provisional measures are not only
precautionary in nature, in that they preserve a legal situation, but also essentially
preventive, in the sense that they safeguard human rights, inasmuch as they seek to
avoid irreparable damage to persons. Provided the basic requirements of extreme
gravity and urgency and the prevention of irreparable damage to persons are met,
provisional measures become a real jurisdictional guarantee of a preventive nature.3
5.
In its Order of December 7, 1994, the Court adopted provisional measures to
protect the life and personal integrity of Ms. María Nodelia Parra, Mr. Gonzalo Arias
Alturo, and others, who had offered testimony before the Court in the present case
and had been threatened. The measures were rescinded by an Order of the Tribunal
on January 31, 1997, after the issuance of the Judgment of reparations and costs of
the case and because the State had adopted the necessary actions to fulfill the
objective for which they had been ordered. Previously, given that “various witnesses
that gave declarations in [the contentious case] ha[d] been harassed, followed, and
received intimidating calls after the judgment of the Court regarding the reparations
and the Order […] that rescinded the provisional measures adopted in the case […]
was made public,” by Order of April 16, 1997, the Court ordered the urgent
protection of the life and personal integrity of the five prior beneficiaries. Through
the Orders of June 3, 1999, July 4, 2006, and February 6, 2008, the Tribunal
maintained the measures of protection adopted in favor of Ms. María Nodelia Parra
and Mr. Gonzalo Arias Alturo (hereinafter “the beneficiaries”).
6.
More than fifteen years after since the adoption of the first provisional
measures in favor of the beneficiaries and almost two years since the last Order
issued in the present case, the Court finds it timely to analyze the current situation
of Mr. Gonzalo Arias Alturo and Ms. María Nodelia Parra and to issue the present
Order.
2
Rules of the Court approved in its LXXXV Ordinary Period of Sessions, held November 16-28,
2009.
3
Cf. Case of the “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, Considering clause four; Matters of Matter
of Monagas Judicial Confinement Center ("La Pica"); Matter of Yare I and Yare II Capital Region
Penitentiary Center; Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison),
and Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center. Provisional Measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of November 24, 2009, Considering claue
six, and Matter of Guerrero Larez. Provisional Measures regarding Venezuela. Order of the Inter-American
Court of Human Rights of November 17, 2009, Considering clause four.