14
rights defenders,” and it “has emphatically condemned any events tending to
harm in any way those who engage in this type of work,” and
e)
It reiterated its position that “in the present matter the requirements
for ordering provisional measures have not been met, considering that the
precautionary measures requested by the Inter-American Commission [...]
are being fulfilled by the State, which has responded effectively to the
situation of risk that the members of the ICJP face.”
CONSIDERING:
1.
Colombia has been a party to the American Convention since July 31, 1973,
and, pursuant to Article 62 of the same, recognized the contentious jurisdiction of
the Court on June 21, 1985.
2.
Article 63(2) of the American Convention states that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable harm to persons, the
Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may
act at the request of the Commission.”
3.
In the terms of Article 72 of the Rules of Procedure of the Court:
1.
At any stage of proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable harm to persons, the Court may, on its own motion,
order such provisional measures as it deems appropriate, pursuant to Article 63(2) of the
Convention.
2.
With respect to matters not yet submitted before it, the Court may act at the
request of the Commission.
[…]
5.
The Court, or if the Court is not sitting, the Presidency, upon considering that it
is possible and necessary, may require the State, the Commission, or the representatives
of the beneficiaries to provide information on a request for provisional measures before
deciding on the matter requested.
[…]
4.
The Court has indicated that provisional measures are of a dual nature: one
precautionary and the other protective.6 The precautionary nature of provisional
measures is linked to the framework of international disputes. In that sense, these
measures seek to preserve rights at risk until such time as the controversy is
resolved. The object and goal of the measures are to ensure the integrity and
effectiveness of the decision on the merits, and thus to avoid disturbing the specific
rights at issue, creating a situation that could render moot or otherwise distort the
applicability of the final decision. Provisional measures permit this in order that the
6
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper). Provisional Measures regarding
Costa Rica. Order of the Inter-American Court of Human Rights of September 7, 2001. Considering clause
four; Matter of Belfort Istúriz et al. Provisional Measures regarding Venezuela. Order of the Inter-American
Court of Human Rights of April 15, 2010, Considering clause six; and, Case of the Caracazo v. Venezuela.
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of May 28,
2010, Considering clause four.