7
irreparable harm to individuals are met, provisional measures become a true judicial
guarantee of preventive nature.2
7.
That Article 1(1) of the Convention provides for the State Parties' duty to
respect the rights and freedoms enshrined therein and to ensure to all persons subject
to their jurisdiction the free and full exercise of those rights and freedoms.
8.
That provisional measures are not exceptional, but are ordered to satisfy
protection needs and, once ordered, must remain in force for as long as the Court
deems the requisite conditions of extreme gravity and urgency and prevention of
irreparable harm to persons thereby protected to persist.3
9.
That the provision contained in Article 63(2) of the Convention gives binding
effect to the State’s order adopting provisional measures as directed by this Court,
inasmuch as, under the basic principle of the State’s responsibility as sustained by
international case law, the States must perform their conventional obligations in good
faith (i.e., pacta sunt servanda).4
*
*
*
10.
That, pursuant to the Order of the President, the State was required, among
other things, to: adopt all such measures as are necessary to protect the lives and
physical integrity of Nieves Gómez Dupuis, Bonifacio Osorio-Ixpatá and other officers
of the Asociación Civil Equipo de Estudios Comunitarios y Acción Psicosocial
(Community Studies and Psychosocial Action Team Association) (supra Having Seen
clause No. 6); in addition, the CALDH was required to submit a list with the names of
the officers of the Asociación Civil Equipo de Estudios Comunitarios y Acción
Psicosocial, in whose favor the State must adopt such protection measures, which was
submitted by the representatives on October 30, 2006 (supra Having Seen clause No.
7).
11.
That, from the information furnished by the CALDH concerning the events
suffered by the members of the ECAP, it follows prima facie that a situation of extreme
gravity and urgency persist and irreparable damage may still be inflicted on the rights
to life and physical integrity of Nieves Gómez Dupuis, Bonifacio Osorio-Ixpatá and
other ECAP members (supra Having Seen clauses No. 1, 2, 3, 4 and 9). That the prima
facie evidence assessment standard and the appropriateness of presumptions in view
of protection needs have led this Court to order provisional measures on several
2
Cf. Matter of the persons imprisoned in the “Dr. Sebastião Martins Silveira” Penitentiary in
Araquara, São Paulo. Provisional Measures. Order of the Inter-American Court of Human Rights of
September 30, 2006, Considering clause No. 5; Matter of Gloria Giralt de García-Prieto et al. Provisional
Measures. Order of the Inter-American Court of Human Rights of September 26, 2006, Considering clause
No. 7; Matter of Gómez-Paquivauri. Provisional Measures. Order of the Inter-American Court of Human
Rights of September 22, 2006, Considering clause No. 6.
3
Cf. Matter of Carlos Nieto et al. Provisional Measures. Order of the Inter-American Court of Human
Rights of September 22, 2006, Considering clause No. 6; Matter of Marta Colomina and Liliana Velásquez.
Provisional Measures. Order of the Inter-American Court of Human Rights of July 4, 2006, Considering clause
No. 5; Matter of Ramírez Hinostroza et al. Provisional Measures. Order of the Inter-American Court of Human
Rights of February 7, 2006, Considering clause No. 7.
4
Cf. Matter of the persons imprisoned in the “Dr.Sebastião Martins Silveira” Penitentiary in Araquara,
São Paulo. Provisional Measures, supra note 2, Considering clause No. 19; Matter of Marta Colomina and
Liliana Veásquez, supra note 3, Considering clause No. 6; and Case of 19 Tradesmen. Provisional Measures.
Order of the Inter-American Court of Human Rights of July 4, 2006, Considering clause No. 16.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos