principle of the State responsibility, supported by international law, has indicated that
the States must fulfill their treaty obligations in good faith (pacta sunt servanda). 10
3.
This Court has established that provisional measures have two natures: one is
precautionary and the preventive. 11 The protective nature of the provisional measures
is related to the framework of the International contentious realm. In this sense, the
measures are aimed at preserving those rights that are in a state of possible risk until
the controversy is resolved in order to assure the integrity and effectiveness of the
decision on the merits, and in this way avoid harm to the rights under litigation, a
situation that could render the effet util of the decision meaningless. In regard to the
protective nature, the provisional measures become a real jurisdictional guarantee of a
preventive nature, as they protect human rights, in so much as they seek to avoid
irreparable harm to persons. 12
4.
The three conditions required by Article 63(2) of the Convention for the Court to
order the adoption of provisional measures must be present in all the situations in
which the intervention of the Tribunal is requested. 13 Given its jurisdiction, in the
framework of the provisional measures, it falls upon the Court to only consider those
arguments that are directly related to the extreme gravity, urgency, and necessity of
avoiding irreparable harm to persons. Any other fact or argument can only by analyzed
and resolved during consideration of the merits in a contentious case. 14
5.
This request for provisional measures is not related to a case before the Court,
but rather stems from a request for precautionary measures filed by the InterAmerican Commission.
6.
The request for provisional measures in favor of Mr. Danilo Rueda filed by the
Commission is based on three main points: i) the alleged existence of a general
context of risk for human rights defenders in Colombia; ii) the alleged threats and
attacks, since 2002 to date, against members of the Inter-Church Justice and Peace
Commission (CIJP) and in particular against its Director, Mr. Danilo Rueda, who given
recent events, is in a situation of extreme risk; iii) the collective protection measures
10
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, considering clause six, and Matter of Castro Rodríguez.
Provisional Measures regarding México. Order of the Inter-American Court of Human Rights of August 23,
2013, considering clause six.
11
Cf. Case of Herrera Ulloa V. Costa Rica (Newspaper “La Nación”). Provisional Measures regarding
Costa Rica. Order of the Inter-American Court of Human Rights of September 7, 2001, considering clause
four, and Case of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Inter-American Court of
Human Rights of March 31, 2014, considering clause ten.
12
Cf. Case of Herrera Ulloa V. Costa Rica (Newspaper “La Nación”). Provisional Measures regarding
Costa Rica. Order of the Inter-American Court of Human Rights of September 7, 2001, considering clause 4,
and Case of Wong Ho Wing. Provisional Measures regarding Perú. Order of the Inter-American Court of
Human Rights of March 31, 2014, considering clause 10.
13
Cf. Case of Carpio Nicolle et al. Provisional Measures regarding Guatemala. Order of the InterAmerican Court of Human Rights July 6, 2009, considering clause fourteen, and Matter of two girls of the
Taromenane indigenous village in voluntary isolation. Provisional Measures regarding Ecuador. Order of the
Inter-American Court of Human Rights of March 31, 2014, considering clause six.
14
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998, considering clause six, and Matter of two girls of the
Taromenane indigenous village in voluntary isolation. Provisional Measures regarding Ecuador. Order of the
Inter-American Court of Human Rights of March 31, 2014, considering clause six.
14