2
5.
The communication of May 8, 2009, whereby Ms. Pérez Torres appointed
Andrea Medina Rosas, Andrea de la Barrera Montpellier and Imelda Marrufo as her
representatives in the instant matter (hereinafter “the representatives”).
6.
The communication of May 12, 2009, whereby the representatives referred to
the urgent measures ordered by the President (supra Having Seen 1).
7.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) of May
18, 2009, whereby, pursuant to the President’s instructions, it informed the parties
that the urgent measures would be processed under the name Matter of Pérez Torres
et al. (“Campo Algodonero”).
CONSIDERING:
1.
That Mexico is a State Party to the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) since March 24, 1981,
and that it accepted the contentious jurisdiction of the Court on December 16, 1998.
2.
That Article 63(2) of the American Convention establishes that “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons,” the Court may “adopt such provisional measures as it deems pertinent in
matters it has under consideration.”
3.
That, under the terms of Article 26 of the Court’s Rules of Procedure
(hereinafter “the Rules of Procedure”),
1.
At any stage of the proceeding involving cases of extreme gravity and urgency and
when necessary to avoid irreparable damages 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.
[...]
4.
That Article 1(1) of the Convention establishes the general obligations of the
States Parties to respect the rights and freedoms recognized therein and to ensure to
all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms, not only in relation to the State but also in relation to acts by private third
parties.2
5.
That the Court indicated that provisional measures may be precautionary or
protective. 3 The protective character of provisional measures is linked to the
2
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Court of
January 15, 1988, considering clause three; Matter of Carlos Nieto Palma et al. Provisional Measures
regarding Venezuela. Order of the Inter-American Court of Human Rights of January 26, 2009, considering
clause 22, and Matter of Fernández Ortega. Provisional Measures regarding Mexico. Order of the Court of
April 30, 2009, considering clause four.
3
Cf. Case of Herrera Ulloa. Provisional Measures regarding Costa Rica. Order of the Court of
September 7, 2001, considering clause four; Case of López Álvarez et al. Provisional Measures regarding
Honduras. Order of the Court of January 26, 2009, considering clause three, and Matter of Fernández
Ortega et al., supra note 2, considering clause five.