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CONSIDERING THAT:
1.
The Republic of Suriname has been a State Party to the American Convention since
November 12, 1987, and, pursuant to Article 62 of the Convention, accepted the contentious
jurisdiction of the Court on the same date.
2.
Article 63.2 of the American Convention establishes 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.
According to Article 27 of the Court’s Rules of Procedure:
1.
At any stage of proceedings involving cases of extreme gravity and urgency, and when necessary
to avoid irreparable damage to persons, the Court may, on its own motion, order such provisional
measures as it deems appropriate, pursuant to Article 63(2) of the Convention.
2.
With respect to matters not yet submitted to it, the Court may act at the request of the
Commission. […]
5.
The Court, or if the Court is not sitting, the Presidency, upon considering that it is possible and
necessary, may require the State, the Commission, or the representatives of the beneficiaries to provide
information on a request for provisional measures before deciding on the measure requested.
6.
If the Court is not sitting, the Presidency, in consultation with the Permanent Commission and, if
possible, with the other Judges, shall call upon the State concerned to adopt such urgent measures as
may be necessary to ensure the effectiveness of any provisional measures that may be ordered by the
Court during its next session.
4.
The present requests for provisional measures are related to a case being considered by
the Court at the stage of monitoring compliance with the Judgment of November 28, 2007.
5.
The three conditions required by Article 63(2) of the Convention for the Court to be able
to order provisional measures must coexist in any situation in which they are requested. 2 Based
on its competence, in the context of provisional measures, the Court may consider only and
strictly those arguments that are directly related to the extreme gravity, urgency and need to
avoid irreparable damage to persons. Any other fact or argument can only be analyzed and
decided, as appropriate, during the consideration of the merits of a contentious case. 3
6.
As regards the requirement of “gravity,” for the adoption of provisional measures, the
Convention requires that this must be “extreme”; in other words, that it is at its highest and
most intense level. The “urgent” nature means that the right or threat involved must be
imminent, which requires that the response to remedy them must be immediate. Lastly,
regarding the damage, there must be a reasonable probability that it will occur and it should not
relate to property or legal interests that can be repaired. 4
2
Cf. Case of Carpio Nicolle. Provisional measures with regard to Guatemala. Order of the Court of July 6, 2009,
fourteenth considering paragraph, and Case of Ávila Moreno et al. (Case of Operation Genesis). Request for provisional
measures with regard to Colombia. Order of the Inter-American Court of Human Rights of May 30, 2013, sixth
considering paragraph.
3
Cf. Matter of James et al.. Provisional measures with regard to Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of August 29, 1998, sixth considering paragraph, and Case of Ávila Moreno et al. (Case
of Operation Genesis), supra, sixth considering paragraph.
4
Cf. Matters of the Monagas Detention Center (“La Pica”), the Capital Region Penitentiary Center Yare I and Yare
II (Yare Prison), Central Occidental Region Penitentiary Center (Uribana Prison), and the Capital Detention Center El
Rodeo I and El Rodeo II. Provisional measures with regard to Venezuela. Orders of the Inter-American Court of Human
Rights of November 24, 2009, third considering paragraph, and Case of Ávila Moreno et al. (Case of Operation Genesis),
supra, seventh considering paragraph.