12.
In this regard, this Court finds it opportune to recall that a supposed absence of
investigation by a State does not necessarily constitute, in itself, a circumstance of extreme
gravity and urgency that warrants maintaining the provisional measures, 11 unless the lack of
investigation is clearly connected to the extremely grave risk or threat to life and personal
integrity. In sum, failure to comply with the obligation to investigate is not per se sufficient
reason to maintain the provisional measures. 12 In this regard, the Court observes that, when
adopting these provisional measures, the absence of an investigation into Mr. Natera Balboa’s
whereabouts was clearly connected to the extreme gravity for his life and personal integrity. 13
Likewise, when deciding to maintain them in force in 2011, the absence of information on his
whereabouts led to the presumption that he was in grave danger of having his rights to life
and personal integrity violated. 14
13.
As Mr. Natera Balboa is still disappeared, the grave risk to his life and integrity
continues. However, the passage of time in this matter and the lack of progress in the
investigations directly affect the practical effects of these provisional measures, whose basic
purpose was to avoid irreparable damage to the life and integrity of Mr. Natera Balboa by the
prompt action of the national authorities to discover his whereabouts. Even though these
measures have been in force for three years and eight months, the Court still has no
information on specific progress or results that would allow it to determine clearly what
happened to Mr. Natera Balboa or his whereabouts, so that the protection that it was hoped
they would provide has been ineffective. Consequently, owing to the particular circumstances
of this matter, and taking into account that provisional measures are exceptional in nature and
relate to a specific temporary situation so that, given their characteristics, they cannot be
perpetuated indefinitely, 15 the Court must order that they be lifted and that the possible
violations of the American Convention derived from what happened to Mr. Natera Balboa be
examined by means of a contentious case, if the necessary presumptions exist, and not in the
context of the provisional measures. 16
14.
In addition, it is opportune to recall that the Court has indicated that, regardless of the
existence of specific provisional measures, the State has a special obligation to ensure the
rights of those deprived of their liberty 17 because the State is in a special position of guarantor
with regard to the or to those who are in a situation of risk, and to expedite the investigations
11
Cf. Case of Carpio Nicolle et al., supra note 4, twenty-fourth considering paragraph, and Matter of Álvarez et
al., supra note 5, one hundred and third considering paragraph.
12
Cf. Case of Carpio Nicolle et al., supra note 4, twenty-fourth considering paragraph, and Matter of Álvarez et
al., supra note 5, one hundred and third considering paragraph.
13
Cf. Matter of Natera Balboa, supra note 6, twelfth and thirteenth considering paragraphs.
14
Cf. Matter of Natera Balboa, supra note 10, ninth considering paragraph.
15
Cf. Matter of the Communities of the Jiguamiandó and of the Curbaradó. Provisional measures with regard to
Colombia. Order of the Inter-American Court of Human Rights of August 30, 2010, seventieth considering paragraph,
and Matter of Haitians and Dominicans of Haitian Origin in the Dominican Republic. Provisional measures with regard
to Dominican Republic. Order of the Inter-American Court of Human Rights of February 29, 2012, forty-eighth
considering paragraph.
16
Cf. Matter of Children and Adolescents deprived of liberty in the “Tatuapé Complex” of the CASA Foundation.
Provisional measures with regard to Brazil. Order of the Inter-American Court of Human Rights of July 3, 2007,
seventeenth considering paragraph and Matter of the Peace Community of San José de Apartadó. Provisional measures
with regard to Colombia. Order of the Inter-American Court of Human Rights of August 30, 2010, twenty-ninth
considering paragraph.
17
Cf. Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Order of the President of
the Inter-American Court of Human Rights of August 22, 2007, sixteenth considering paragraph, and Matter of the
Socio-educational Internment Facility. Provisional measures with regard to Brazil. Order of the Inter-American Court of
Human Rights of November 20, 2012, twenty-first considering paragraph.
6