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1. At any stage of the proceeding involving cases of extreme gravity and urgency and when necessary
to avoid irreparable damage to persons, the Court may, at the request of a party or on its own motion,
order whatever provisional measures it deems appropriate, pursuant to Article 63(2) of the
Convention.
[…]
3. In contentious cases before the Court, victims or alleged victims, or their representatives, may submit to it
a request for provisional measures, which must be related to the subject matter of the case.
[…]
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 measure requested.
4.
That the Tribunal has noted that provisional measures are of a twofold nature:
precautionary and protective.2 The precautionary nature of provisional measures is connected
to the framework of international adversarial cases. In this regard, the purpose and goal of
said measures is to preserve the rights that are at risk until the dispute is settled. The purpose
and goal is to guarantee the integrity and effectiveness of the decision on the merits, thus
preventing the rights at issue from being infringed, a situation that may render the final
decision innocuous or hamper its effective application. Hence, provisional measures enable the
State concerned to comply with the final decision and, if applicable, to go ahead with the
reparations so ordered.3 As regards the protective nature of provisional measures, this Court
has pointed out that they are a true judicial guarantee of a preventive nature, since, inasmuch
as they seek to avoid irreparable damage to persons, they protect human rights.4
5.
In the present matter, the presumed beneficiaries – in the framework of the supervision
of compliance with judgment of the Caracazo case - required the present provisional measures.
For this reason, the Tribunal remembers that both, the protective dimension as well as the
precautionary dimension, are necessary to comply with the three requirements consecrated in
Article 63(2) of the Convention, with the effect of conceding the provisional measures that are
requested, namely: i) “extreme gravity;” ii) “urgency,” and iii) that it tries to “avoid irreparable
damage to persons.” These three conditions must coexist and must be present in every
situation in which the intervention of the Tribunal is requested.5
6.
Regarding gravity, for the effects of the adoption of provisional measures, the
Convention requires it to be “extreme,” meaning, that it is found in its most intense or
elevated level. The urgent character implies that the risk or threat involved is imminent, which
requires that the answer to remedy it be immediate. Finally, regarding the harm, there must
2
Cf. Case of Herrera Ulloa Vs. Costa Rica ( “La Nación” Newspaper). Provisional Measures regarding Costa Rica.
Order of the Court of September 7, 2001, Considering fourth; Matter of Cardona and others. Provisional Measures
regarding Colombia. Order of the Court of February 2, 2010, Considering thirteenth; and Matter of Belfort Istúriz and
others. Provisional Measures regarding Venezuela. Order of the Court of April 15, 2010, Considering sixth.
3
Cf. Case of Carpio Nicolle and others. Provisional Measures regarding Guatemala. Order of the Court of July
6, 2009, Considering fourteenth; Matter of Giraldo Cardona and others, supra Note 2, Considering thirteenth; and
Matter of Belfort Istúriz and others, supra Note
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2, Considering sixth.
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper), supra Note
Giraldo Cardona and others, supra nota
2, Considering sixth.
2,
2,
Considering fourth; Matter of
Considering thirteenth; and Matter of Belfort Istúriz and others, supra Note
Cf. Case of Carpio Nicolle and others, supra Note 3, Considering fourteenth; Matter of Eloisa Barrios and
others. Provisional Measures regarding Venezuela. Order of the Court of February 4, 2010, Considering second; and
Matter of Belfort Istúriz and others, supra Note 2, Considering seventh.
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