3
3. In contentious cases already submitted to the Court, the victims or alleged victims, their
next of kin, or their duly accredited representatives, may present a request for provisional
measures directly to the Court.
[...]
4.
That Article 1(1) of the Convention establishes the general obligation of the
States Parties 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, which obligation is imposed not only in connection with the power of the
State but also in relation to the actions of individual third parties.1
5.
That the adoption of these provisional measures does not imply a decision on
the merits of the dispute2 or on the State’s responsibility for the events reported in
connection with the case of Kawas Fernández v. Honduras. By adopting provisional
measures, the Court is only exercising its mandate under the Convention, in cases of
extreme gravity and urgency that require measures of protection in order to prevent
irreparable damage to persons.3
6.
That, in matters such as the one before this Court, the extreme seriousness of
the threat should be assessed taking into account the specific context, and that it is
clear that, if fundamental rights such as the right to life and physical integrity are
subject to such type of threat, the context warrants consideration of provisional
measures.4
7.
That the urgency refers to special and exceptional situations that require and
warrant immediate action and response aimed at averting the threat. These are
circumstances that because of their own nature imply an imminent risk. The nature
of the remedial action derives from the urgency of the threat. This should imply,
above all, an immediate and, in principle, temporary measure in order to address
such situation, insofar as the lack of response would be, in itself, dangerous.5
1
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the InterAmerican Court of Human Rights of January 15, 1988, Considering clause No. 3; and Matter of Urso
Branco Prison. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights
of May 2, 2008, Considering clause No. 19; and Matter of Carlos Nieto Palma et al. Provisional Measures
regarding the Bolivarian Republic of Venezuela. Order of the Inter-American Court of Human Rights of
August 5, 2008, Considering clause No. 3.
2
Cf. Case of Guerrero-Gallucci and Martínez-Barrios. Provisional Measures regarding Venezuela.
Order of the Inter-American Court of Human Rights of July 4, 2006, Considering Clause No. 14; y, Matter
of "Globovisión" Television Station. Provisional Measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of January, 29, 2008, Considering Clause No. 13.
3
Cf. Matter of James et al Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of May 27, 1998, Considering clause No. 7, and Matter of Monagas
Judicial Confinement Center ("La Pica”). Provisional Measures regarding the Bolivarian Republic of
Venezuela. Order of the Inter-American Court of Human Rights of July 3, 2007, Considering clause No. 6,
and Case of Gloria Giralt de García-Prieto et al. Provisional Measures regarding El Salvador. Order of the
Inter-American Court of Human Rights of January 27, 2007, Considering clause No. 6.
4
Cf. Matter of Carlos Nieto Palma et al., supra note 1, Considering Clause No. 16; and Matter of
Capital El Rodeo I & El Rodeo II Judicial Confinement Center. Provisional Measures regarding the
Bolivarian Republic of Venezuela. Order of the Inter-American Court of Human Rights of February 8, 2008,
Considering clause No. 17.
5
Cf. Matter of Capital El Rodeo I & El Rodeo II Judicial Confinement Center, supra note 4,
Considering Clause No. 18.