CONSIDERING THAT: 1. Honduras has been a State Party to the American Convention since September 8, 1977 and accepted the jurisdiction of the Court on September 9, 1981. 2. Article 63(2) of the Convention establishes that: In cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission. 3. Article 27 of the Rules of Procedure establishes that: 1. At any stage of the proceedings involving cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, on its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2) of the Convention. […] 3. In contentious cases before the Court, victims or alleged victims, or their representatives, may submit to it a request for provisional measures, which must be related to the Subject matter of the case. […] 4. The provisions of Article 63(2) of the Convention confer an obligatory nature on the State’s adoption of the provisional measures ordered by this Court, given that the basic principle of the law on State responsibility, supported by international jurisprudence, indicates that a State must comply with its international treaty obligations in good faith (pacta sunt servanda).1 5. Under international human rights law, provisional measures are not merely precautionary in nature, in the sense that they preserve a juridical situation; however, they are also fundamentally protective, because they safeguard human rights, inasmuch as they seek to avoid irreparable harm to persons. The measures are applicable provided that the basic requisites of extreme gravity and urgency, and the prevention of irreparable harm to persons are met. In this way, provisional measures become a real jurisdictional guarantee of a preventive nature.2 1 Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the Inter-American Court of Human Rights of June 14, 1998, Considering Clause 6; Matter of Mery Naranjo et al. Provisional measures with regard to Colombia. Order of the Inter-American Court of Human Rights of March 4, 2011, Considering Clause 4, and Matter of Alvarado Reyes et al. Provisional measures with regard to Mexico. Order of the Inter-American Court of Human Rights of May 15, 2011, Considering Clause 4. 2 Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of the Inter-American Court of Human Rights of September 7, 2001, Considering Clause 4; Matter of Wong Ho Wing. Provisional measures with regard to Peru. Order of the Inter-American Court of Human Rights of March 4, 2011, Considering Clause 10, and Matter of Alvarado Reyes et al.. Provisional measures with regard to Mexico. Order of the Inter-American Court of Human Rights of May 15, 2011, Considering Clause 5. 2

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