who have given evidence in the proceedings now under way and at those conducted by the
[...] Inter-American Court of Human Rights.
28.
In this regard, in some decisions the Court has established a comparison
between the provisional measures ordered by the Court and the precautionary
measures, provisional or precautionary measures that are issued internally to ensure
the effectiveness of domestic judgments or decisions:
the purpose of the provisional measures in national (domestic procedural) legal systems
generally is to protect the rights of contending parties, ensuring that the execution of
judgments on the merits and reparations is not hindered or impeded by their conduct.
under the International Law of Human Rights, provisional measures have, furthermore, a
preventive purpose inasmuch as they are intended to protect human rights, preventing
individuals from suffering irreparable harm.30
29.
In this regard, in 2000 the Court ratified, during the monitoring of compliance
with a previous ruling, provisional measures ordered prior to this stage.31 This is the
first precedent where the Court, during the monitoring of compliance with the
respective judgment, decided to maintain the measures ordered prior to ruling on
the merits. However, in 2002, the Court, for the first time, ordered provisional
measures following issuance of the judgment on merits and reparations. In the years
that followed, this competence has continued to be exercised without it being
questioned by any State, let alone a Judge of the Court. In the 2002 decision, the
Court made specific reference to its jurisdiction to grant provisional measures at this
stage by stating the following:
The purpose of provisional measures, in International Human Rights Law, is to effectively
protect fundamental rights, inasmuch as they seek to avoid irreparable damage to persons.
Said measures can also be applied during the stage in which compliance with the judgment
is overseen; in the instant case it is probable that irreparable damage will occur
[preventing] faithful and full compliance with the judgment on merits and reparations in
the case of the Mayagna Community, [thus the] adoption of said measures is in order.32
30.
Thus, the Court has ordered provisional measures in 26 cases during the
monitoring compliance with judgments stage, which has protected the rights of
approximately 2,500 people. It should be emphasized that through the adoption of
30
Case of Massacre Plan de Sánchez (Salvador Jerónimo et al.) Provisional Measures regarding
Guatemala. Order of the Inter-American Court of Human Rights of September 8, 2004, Considering Clause
five and six, and Integrantes del Equipo de Estudios Comunitarios y Acción Psicosocial (ECAP). Plan de
Sánchez Massacre. Provisional Measures regarding Guatemala. Order of the Inter-American Court of
Human Rights of November 25, 2006, Considering Clause five and six.
31
Case of Blake. Provisional Measures regarding Guatemala. Order of the Inter-American Court of
Human Rights of August 18, 2000, operative paragraph one. A year later, in the Case of Loayza Tamayo v.
Peru, the Court also continued the provisional measures ordered prior to the judgment on reparations
issued in the case. Cf. Order of the Inter-American Court of Human Rights of February 3, 2001, operative
paragraph two.
32
Case of the Mayagna (Sumo) Awas Tingni Community, supra note 24, Considering Clause nine.
See also Case of Bámaca Velásquez. Provisional Measures regarding Guatemala. Order of the InterAmerican Court of Human Rights of February 21, 2003, Considering Clause ten.
11
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