2
3.
The phrase “a case not yet submitted to the Court” contained in Article 63(2),
last paragraph, of the American Convention implies that there must be at least a slight
possibility for the matter originating the request for provisional measures to be
submitted to the contentious jurisdiction of the Court.
4.
Pursuant to a comprehensive interpretation of the American Convention, the
matter originating the request for provisional measures may only be submitted to the
Court provided the proceeding set forth in Articles 44 and 46 to 48 of the American
Convention has been initiated. Therefore, it will not be sufficient for the Commission to
state that it has studied the matter pursuant to the regulatory proceeding applicable to
provisional measures only.
5.
The considerations above
measures if the Inter-American
study of a request in accordance
on the admissibility or the merits
show that the Court may only adopt provisional
Commission has at least recorded and initiated the
with the appropriate regulatory provisions, and ruling
of the case will not be necessary.
6.
The Commission stated that this “matter has not yet been classified as a request
pursuant to the terms of Articles 44 and 46 to 48 of the Convention.”
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the powers conferred upon it by Articles 63(2) of the American
Convention on Human Rights and Articles 25 and 29 of the Rules of Procedure of the
Court,
DECIDES:
1.
Not to process this request for provisional measures until a petition is
submitted to the Inter-American Commission on Human Rights in accordance with
Articles 44 and 46 to 48 of the American Convention on Human Rights.
2.
To give notice of this Order to the Inter-American Commission on Human
Rights.
Judges Cançado Trindade and Ventura-Robles informed the Court of their Joint
Separate Opinion, attached to this Order.
Alirio Abreu-Burelli
President
Sergio García-Ramírez
Oliver Jackman
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