3 guarantee, the State Party has the obligation erga omnes to protect all individuals under its jurisdiction.2 3. That under Human Rights International Law, provisional measures are not only precautionary in that they preserve a legal status, but essentially protective for they protect human rights, insofar as they seek to prevent irreparable damage to persons. These measures are applied as long as the prerequisites of extreme gravity and urgency and the need to avoid irreparable damage to persons are met. Thus, provisional measures become a true preventive jurisdictional guarantee.3 4. That in Order of September 21, 2005, the Court decided, inter alia,: a) to reiterate the measures ordered in its Order of June 13, 2005, requiring the State to adopt such measures as may be necessary to protect the life and physical integrity of Alfredo López-Álvarez, Teresa Reyes-Reyes, and Gregoria Flores-Martínez; b) to extend the provisional measures in order to protect the life and physical integrity of Ms. Flores-Martínez’s mother and daughters; and c) to effectively bring about and secure the necessary conditions so that Gregoria Flores-Martínez, who has been forced to leave Honduras, may return to her home safely (supra Having Seen 2). 5. That the Court deems it relevant to reiterate Considering clauses 7 and 8 of the Order issued by the Court on June 13, 2005, whereby it ordered the adoption of provisional measures on the grounds that there was “[…] a situation of extreme gravity and urgency [… and in order] to avoid irreparable damage to the rights to life and physical integrity of Alfredo López-Álvarez, Teresa Reyes-Reyes, and Gregoria Flores-Martínez […],” who had been summoned to give testimony as witnesses at the public hearing held by the Court in the case of López-Álvarez. At the moment, the measures adopted aimed at protecting the life and physical integrity of their beneficiaries, who faced a situation of imminent danger as a result of having been summoned as witnesses in the case of López-Álvarez. Furthermore, the Court notes that according to Considering clause 12 of Order of September 21, 2005, the Court extended the provisional measures in behalf of Gregoria Flores-Martínez’s mother and daughters, who argued that they had noticed “[…] the presence of a car in the surroundings of their residence which was identified by the Land Defense General Coordinator of the Honduran Black Fraternal Organization [Defensa de Tierras de la Organización Negra Fraternal Hondureña, hereinafter “OFRANEH”] as belonging to the Criminal Investigation General Office ([Dirección General de Investigación Criminal] hereinafter “DGIC”) […],” which is why Ms. Flores-Martínez was afraid for the safety of her next of kin. * * * Honduras. Order of the Court of November 29, 2008, Considering clause 4; and Case of Tyrone DaCosta Cadogan. Provisional Measures regarding Barbados. Order of the Court of December 2, 2008, Considering clause 5. 2 Cf. Matter of the Peace Community of San José de Apartadó. Provisional Measures regarding Colombia. Order of the Court of June 18, 2002, Considering clause 11; Matter of Carlos Nieto Palma et al. Provisional Measures regarding Venezuela. Order of the Court of August 5, 2008, Considering clause 3, and Matter of Leonel Rivero et al. Provisional Measures regarding Mexico. Order of the Court of November 25, 2008, Considering clause 4. 3 Cf. Case of Herrera-Ulloa. Provisional Measures regarding Costa Rica. Order of the Court of September 7, 2001, Considering clause 4; Matter of Carlos Nieto Palma et al., supra note 2, Considering clause 4; and Matter of Leonel Rivero et al., supra note 2, Considering clause 5.

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