3
persons,” the Court can, in the matters under its consideration, adopt the provisional
measures that it deems pertinent.
3.
That Article 1(1) of the Convention signals the duty of the State Parties to respect
the rights and liberties recognized in this treaty and to guarantee their free and full
exercise to each person subject to its jurisdiction.
4.
That in International Law of Human Rights, provisional measures have a character
that is not only cautionary in the sense of preserving a legal situation, but also
fundamental to give protection to Human Rights, to the extent that they seek to avoid
irreparable damages to persons. The measures are applied as long as the basic
requirements of extreme gravity and urgency and of the prevention of irreparable
damages to persons are met. In this way, provisional measures transform into a true
jurisdictional guarantee of a preventative character.2
5.
That, in particular, as the Court has previously affirmed, it is the responsibility of
the State to adopt measures of security to protect all the persons that are subject to its
jurisdiction and this duty is made even more evident in the relationship with those that
are connected to processes before supervisory organs of the American Convention.3
6.
That it is indispensable that provisional measures maintain full effect and produce
their effects until the Tribunal orders the lifting of the measures and notifies the State of
its decision.4
*
*
*
7.
That in conformity with the first operative paragraph of the Order of November
27, 2007, the Court required the State to maintain and to adopt the necessary measures
in order to protect the life, integrity, and personal liberty of Mr. Wilson Gutiérrez Soler
and eleven of his family members.5 (Supra Having Seen 2).
8.
That the State signaled that it did not have information about the location of the
beneficiaries of the provisional measures that reside in Colombia, and that neither the
2
Cf. Case of Herrera Ulloa. Provisional Measures regarding Costa Rica. Order of the Inter-American
Court of Human Rights of December 6, 2001, Considering fourth; Matter of James et al. Order for Provisional
Measures regarding Barbados of April 3, 2009, considering sixth; Matter of Fernandez Ortega. Provisional
Measures regarding Mexico. Order of the Inter-American Court of Human Rights of April 30, 2009, Considering
fifth.
3
Cf. Case of the 19 Tradesmen. Provisional Measures regarding Colombia. Order of the Inter-American
Court of Human Rights of July 4, 2006, Considering seventh; Case of DaCosta Cadogan. Provisional Measures
regarding Barbados. Order of the Inter-American Court of Human Rights of December 2, 2008, Considering
fifth; and Case of Bamaca Velasquez. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of Human Rights of January 27, 2009, Considering forty-forth.
4
Cf. Matter of Liliana Ortega et al. Provisional Measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of March 1, 2005, Considering tenth; Case of Caballero Delgado and Santana.
Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of February 6,
2008, Considering sixth; and Case of Bamaca Velasquez, supra note 3, Considering forty-sixth.
5
Meaning: María Elena Soler de Gutiérrez, Carlos Andrés Gutiérrez Rubiano and Leydi Caterin Gutiérrez
Peña, who reside in Colombia and Kevin Daniel Gutiérrez Niño; Ricardo Gutiérrez Soler, Yaqueline Reyes,
Leonardo Gutiérrez Rubiano, Ricardo Gutiérrez Rubiano, Sulma Tatiana Gutiérrez Rubiano, Paula Camila
Gutiérrez Reyes and Luisa Fernanda Gutiérrez Reyes; who reside outside of Colombia in accordance with that
informed by the representatives and the Order of the Court of November 27, 2007.