In this sense, it is thus a question, not of undermining but rather strengthening and even
enhancing the effect of the judgment on merits, understanding also, and specifically
included within the effects, that concerned with "cases of extreme gravity and urgency
and when it is necessary to avoid irreparable damage to persons" addressed by the case
in question.
However, the judgment on the merits in a contentious case does not imply, as stated by
the Court regarding the lifting of provisional measures, that "the State is relieved of its
treaty obligations to protect,"44 since the general and permanent obligation remains
regarding "respecting the rights and freedoms recognized (in the Convention), and to
ensure the free and full exercise to all persons subject to its jurisdiction."45
And, indeed, all this is no obstacle for the Court to order provisional measures for the
same people for whom they were issued in the resolved case, both if it wishes or if
required in a new case before it, as well as if, in a case not yet submitted to it, the
Commission, in exercising its "principal role of promoting the observance and defense of
human rights,"46 reasonably requests it.
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Secretary
44
Matter of A.J. et al. Provisional Measures regarding Haiti, Order of February 22, 2011, Considering
Clause 16: "Finally, the Court reiterates that Article 1(1) of the Convention establishes the general obligations
of States Parties regarding the rights and freedoms recognized therein and to ensure the free and full exercise
to all persons subject to its jurisdiction, in all circumstances. Meanwhile, provisional measures are exceptional
and are complementary to this general obligation of States. In this sense, the lifting of provisional measures, by
the Tribunal, does not imply that "the State is relieved of its treaty obligations to protect."
45
Art. 1(1) of the Convention.
46
Art. 41 of the Convention.
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