15
30.
The present request to expand provisional measures is not related to any matter
in contentious case proceedings before the Court, but rather originated in a request for
precautionary measures before the Inter-American Commission. This Tribunal does not
have information concerning whether the facts considered by the Commission might
become part of a contentious case in the Inter-American System in the future or
whether a petition on the merits related to this case might have been lodged before the
Inter-American Commission.
31.
In earlier opportunities, the Court interpreted the phrase “a case not yet
submitted to the Court” contained in Article 63(2) in fine of the American Convention to
suppose that there was at least the possibility that the matter giving rise to the request
for provisional measures could be submitted to the Tribunal’s contentious jurisdiction.
In order for this slight possibility to exist, the procedure provided in Articles 44, 46, 47,
and 48 of the American Convention must have been commenced before the
Commission.30
32.
The Court has found it necessary to clarify that in view of the protective
character of provisional measures (supra Considering 5), it is possible under
exceptional circumstances that the Court may order provisional measures even where
no contentious case exists in the Inter-American System. These situations would be
those that prima facie could result in a serious and urgent impact on one’s human
rights.31 For that purpose, there must be an assessment of the problem presented, the
effectiveness of State actions in the face of the situation described, and the degree of
vulnerability that the persons for whom the measures are requested would find
themselves were the measures not to be adopted. To achieve this objective, the InterAmerican Commission must submit a motion that addresses these criteria, and the
State must not be able to clearly and sufficiently demonstrate the effectiveness of the
measures it has adopted domestically.32
33.
On September 3, 2010, the Inter-American Commission requested an extension
of the present provisional measures in favor of certain family members and
representatives of the beneficiaries,33 arguing that “different events [...] taken together
30
Cf. Matter of García Uribe et al. Provisional Measures regarding Mexico. Order of the Inter-American
Court of Human Rights of February 2, 2006, Considering clauses three and four; Matter of Natera Balboa,
supra note 19, Considering clause six; and Matter of Alvarado Reyes et al., supra note 8, Considering clause
seven.
31
Cf. Matter of the El Rodeo I and El Rodeo II Judicial Confinement Centers. Provisional Measures
regarding Venezuela. Order of the Inter-American Court of Human Rights of February 8, 2008, Considering
clause nine; Matter of Natera Balboa, supra note 19, Considering clause eight; and Matter of the Araguan
Correctional Facility "Tocorón Prison", supra note 2, Considering clause seven.
32
Cf. Matter of the El Rodeo I and El Rodeo II Judicial Confinement Centers, supra note 31,
Considering clause nine; Matter of Natera Balboa, supra note 19, Considering clause eight; and Matter of the
Araguan Correctional Facility "Tocorón Prison", supra note 2, Considering clause seven.
33
In its initial request, the Commission requested the expansion of provisional measures in favor of the
following 11 family members of the beneficiaries: José Ángel Alvarado Favela, Obdulia Espinoza, Jaime
Alvarado Herrera, Manuel Alvarado Herrera, Patricia Reyes Rueda, María de Jesús Alvarado Espinoza, Mitzi
Paola Alvarado Espinoza, Daisy Alvarado Espinoza, Michelle Urrutia Alvarado, Johana Alvarado Espinoza, and
José Ángel Alvarado Espinoza. Later, in its response to the President of the Court’s request for additional
information (supra Having Seen 9), the Commission extended its initial request, asking for the expansion of
provisional measures in favor of 24 family members by virtue of having added the following persons: Alan
Alvarado Reyes, Adrián Alvarado Reyes, Manuel Reyes, Angélica Alvarado Espinoza, Concepción Herrera
Hernández, Rosa Olivia Alvarado Herrera, Karina Paola Alvarado Alvarado, Fabián Alvarado Herrera, Feliz
García, Nitza Citlali Alvarado Espinoza, Rigoberto Ambriz Marrufo, María de Jesús Espinoza Peinado, and
Ascensión Alvarado Favela. The Commission argued that “it [wa]s possible to infer a risk to [the] lives and
right to humane treatment” of the nine family members for whom the expansion was requested based on
information available at that moment and due to either their kinship or their efforts at searching for the
beneficiaries.