5 observations to the State’s report and to the observations of the beneficiaries or their representatives. 4. That under the International Law of Human Rights, provisional measures have not only a preventive purpose, to the extent that they preserve a given legal situation, but also and fundamentally a protective purpose, inasmuch as they are intended to protect human rights, preventing individuals from suffering irreparable harm. Provided that the requisite conditions of extreme gravity and urgency and prevention of irreparable harm to individuals are met, provisional measures become a true judicial guarantee of preventive nature. 5. That Article 1(1) of the Convention sets forth the State Parties' duty to respect the rights and freedoms enshrined therein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms. In furtherance of such duty, the State Party has the erga omnes obligation to protect all persons under its jurisdiction, which applies not only in connection with the power of the State but also in relation with the acts of individual third parties.3 6. That the Inter-American Commission requested this Court to order the protection of the detainees in the Uribana Prison, the persons to be held there in the future, and inmates’ relatives and other visitors. Even though the Court in ordering provisional measures has in some cases deemed it essential to identify the persons who are at risk of suffering irreparable harm,4 in some other cases the Court has ordered for the protection of a group of people who have not been previously identified but are nevertheless identifiable and are in grave peril by reason of their being members of a group or community,5 such as those held in prison.6 In this matter, the Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures. Order of July 6, 2004, considering clause No. 4; Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures. Order of the Inter-American Court of Human Rights of March 30, 2006, considering clause No. 14; Matter of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional Measures. Order of the Inter-American Court of Human Rights of November 30, 2005, considering clause No. 14; Matter of the Mendoza Prisons. Provisional Measures. Order of June 18, 2005, considering clause No. 11; Matter of Pueblo Indígena de Sarayaku. Provisional Measures. Order of July 6, 2004; Matter of Pueblo Indígena de Kankuamo. Provisional Measures. Order of July 5, 2004; Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures. Order of March 6, 2003, para. 169; Matter of the Peace Community of San José de Apartadó. Provisional Measures. Order of June 18, 2002, para. Matter of Urso Branco Prison. Provisional Measures. Order of June 18, 2002, para. 53. 3 4 Cf. Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic. Provisional Measures. Order of the President of the Inter-American Court of Human Rights of September 14, 2000. Series E No. 3, Considering clause No. 4; and Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic. Provisional Measures. Order of the President of the Inter-American Court of Human Rights of August 18, 2000. Series E No. 3, Considering clause No. 8. Cf., inter alia, Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures, supra note 3, Considering clause No. 8; Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures, supra note 3, Considering clause No. 6; Matter of Pueblo Indígena de Sarayaku. Provisional Measures, supra note 3, Considering clause No. 9; Matter of Pueblo Indígena de Kankuamo. Provisional Measures, supra note 3, Considering clause No. 9; Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures, supra note 3, ninth whereas clause; Matter of the Peace Community of San José de Apartadó. Provisional Measures, supra note 3, Considering clause No. 8; and Matter of Mendoza Prisons. Provisional Measures. Order of November 22, 2004, Considering clause No. 13. 5

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