15
7.
Provisional measures have an exceptional character, are ordered pursuant to the
need for protection, and, once ordered, should remain in force whenever the Court
considers that the basic requirements of extreme gravity, urgency, and the need to prevent
irreparable damages to the rights of those protected by the measures, subsist.4
8.
Article 63(2) of the Convention obligates the State to fulfill in good faith (pacta sunt
servanda) the provisional measures ordered by this Tribunal. This obligation is also a basic
principle of the law of State responsibility, which is backed by international jurisprudence.5
Measures, supra note 2, Seventh Considering; and Case of Gloria Giralt de García Prieto et al. Provisional
Measures. Order of the Inter-American Court of Human Rights of September 26, 2006, Fifth considering.
4
Cf. Matter of Giraldo-Cardona. Provisional Measures, supra note 2, Seventh Considering ; Case of the Plan
de Sánchez Massacre. In favor of the members of the team of communitarian and psychosocial action studies
(ECAP). Provisional Measures, supra note 2, Eighth Considering; and Case of Carlos Nieto et al. Provisional
Measures. Order of the Inter-American Court of Human Rights of September 22, 2006, Sixth Considering.
5
Cf. Matter of Giraldo-Cardona. Provisional Measures, supra note 2, Eighth Considering; Case of the Plan de
Sánchez Massacre. In favor of the members of the team of communitarian and psychosocial action studies (ECAP).
Provisional Measures, supra note 2, Ninth Considering; and Matter of the persons imprisoned in the "Dr. Sebastião
Martins Silveira" Penitentiary in Araraquara, São Paulo, Brazil. Provisional Measures, supra note 2, Nineteenth
Considering.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos