in several cases where a judgment on merits has already been ordered and the
respective reparations measures awarded, the Court has ordered provisional
measures during the first stage of monitoring compliance.24 All in accordance with
the precautionary and protective nature of provisional measures because the
American Convention provides only "factual information"25 for the Inter-American
Court to order such measures. In other words, there is "a situation of extreme
gravity and urgency" and "when it is necessary to avoid irreparable damage to
persons" while the case is before it.
26.
Since it is the responsibility of the Inter-American Court to monitor
compliance with its judgments, it is clear that the "consideration" of the case does
not cease with the issuance of the ruling on the merits of the case and when the
corresponding reparations are awarded. The jurisdictional power of the Court, like
any judicial body, "is exercised by ruling and making rulings be exercised."26 This is
because the Court "can [n]ot ignore the fate of its decisions, which are always
mandatory for States and exempt from review by a higher court. The inter-American
2002, operative paragraph two; Order of the Inter-American Court of Human Rights of December 2, 2003,
operative paragraph three, and Order of the Inter-American Court of Human Rights of February 28, 2005,
operative paragraph two. Case of Bámaca Velásquez. Provisional Measures regarding Guatemala. Order of
the Inter-American Court of Human Rights of February 21, 2003, operative paragraph two; Order of the
Inter-American Court of Human Rights of November 20, 2003, Considering Clause sixteen and operative
paragraph two, Order of the Inter-American Court of Human Rights of March 11, 2005, operative
paragraph one, and Order of the Inter-American Court of Human Rights of January 27, 2009, operative
paragraph four. Case of Raxcacó Reyes et al.. Provisional Measures regarding Guatemala. Order of the
Inter-American Court of Human Rights of July 4, 2006, operative paragraph two; Order of the InterAmerican Court of Human Rights of February 2, 2007, operative paragraph two; Order of the InterAmerican Court of Human Rights of November 21, 2007, operative paragraph two, and Order of the Court
of Human Rights of May 9, 2008, operative paragraph six. Case of 19 Merchants. Provisional Measures
regarding Colombia. Order of the Inter-American Court of Human Rights of April 28, 2006, operative
paragraphs one and second, Order of the Court Human Rights July 4, 2006, operative paragraphs one and
second, Order of the Court Human Rights May 12, 2007, operative paragraph two and three; Order of the
Inter-American Court Human Rights of July 8, 2009, operative paragraph four and five, and Order of the
Inter-American Court of Human Rights of August 26, 2010, operative paragraphs one and two; Case of
the Gómez Paquiyauri Brothers. Provisional Measures regarding Peru; Order of the Inter-American Court
of Human Rights of September 22, 2006, operative paragraph one; Resolution of the Inter-American Court
of Human Rights of May 3, 2008, operative paragraph two. Case of the Plan de Sánchez Massacre.
Provisional Measures regarding Guatemala. Order of the Inter-American Court of Human Rights of
November 25, 2006, operative paragraph one; Order of the Inter-American Court of Human Rights of
November 26, 2007, operative paragraph three. Case of Mapiripán Massacre. Provisional Measures
regarding Colombia. Order of the Inter-American Court of Human Rights of May 3, 2008, operative
paragraph one; Order of the Inter-American Court of Human Rights of September 2, 2010, operative
paragraph one. Caso of Gutiérrez Soler. Provisional Measures regarding Colombia. Order of the InterAmerican Court of Human Rights of November 27, 2007, operative paragraph one; Order of the InterAmerican Court of Human Rights of July 9, 2009, operative paragraph one. Case of García Prieto et al..
Provisional Measures regarding El Salvador. Order of the Inter-American Court of Human Rights of
February 3, 2010, operative paragraph two. Case of Fernández Ortega et el.. Provisional Measures
regarding Mexico. Order of the Inter-American Court of Human Rights of November 23, 2010.
24
Cf. Case of Mayagna (Sumo) Awas Tingni . Provisional Measures regarding Nicaragua. Order of
the Inter-American Court of Human Rights of September 6, 2002, operative paragraph one; Case of 19
Merchants. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights
of September 3, 2004, operative paragraph second, and Case of the Rochela Masacre. Provisional
Measures regarding El Salvador. Order of the Inter-American Court of Human Rights of November 19,
2009, operative paragraph one.
25
Cf. García Ramírez, Sergio, The Inter-American Court of Human Rights, Mexico, Porrua, 2007, p.
68.
26
Gimeno Sendra, José Vicente, Fundamentos del Derecho Procesal, Madrid, Civitas, 1981, p. 31.
9