4
respect to a case not yet submitted to the Court, it may act at the request of
the Commission.
5.
That pursuant to Article 25 (1) of the Rules of Procedure:
[a]t 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 whatever
provisional measures it deems appropriate, pursuant to Article 63(2) of the
Convention.
6.
That the Commission is considering the Cases referred to in the Commission’s
request, and has informed the Court that “in each of these cases, the petition
states facts that tend to establish a violation of the rights guaranteed under
the Convention.”
7.
That the Cases included in the Request for amplification have not been
submitted to the Court and the consideration of the issues at hand is,
therefore, based upon the State’s procedural obligations as a Party to the
American Convention, rather than on the merits of each Case. Therefore, the
Court will consider the request of the Commission in the light of the elements
to be taken into account in conformity with Article 63(2) of the Convention,
that is, the existence of a situation of extreme gravity and urgency and the
necessity to avoid irreparable damage to persons.
8.
That, under the instant circumstances, the information presented by the
Commission provides prima facie grounds for the Court to conclude that a
situation of “extreme gravity and urgency” exists, making it imperative to
order the State to adopt, without delay, the Provisional Measures necessary
to preserve the life and physical integrity of the alleged victims.
9.
That the States Parties to the Convention should comply in good faith (pacta
sunt servanda) with all of the provisions of the Convention, including those
relative to the operation of the two supervisory organs of the Inter-American
system; and, that in view of the Convention’s fundamental objective of
guaranteeing the effective protection of human rights (Articles 1(1), 2, 51 and
63(2)), States Parties must refrain from taking actions that may frustrate the
restitutio in integrum of the rights of the alleged victims.
10.
That Article 29 of the American Convention provides that:
[n]o provision of this Convention shall be interpreted as:
a.
permitting any State Party, group, or person to suppress the
enjoyment or exercise of the rights and freedoms recognised in this
Convention or to restrict them to a greater extent than is provided for herein.
11.
That, should the State execute the alleged victims, it would create an
irremediable situation incompatible with the object and purpose of the
Convention, would amount to a disavowal of the authority of the Commission,
and would adversely affect the very essence of the Inter-American system.