2
Considering:
1.
That El Salvador is a State Party to the American Convention on Human
Rights (hereinafter “the American Convention” or “the Convention”) since June 23,
1978, and, in accordance with Article 62 thereof, recognized the adjudicatory
jurisdiction of the Inter-American Court on June 6, 1995.
2.
That Article 63(2) of the Convention demands that in order for the Court to
provide provisional measures, three conditions must coincide: i) “extreme gravity;”
ii) “urgency;” and iii) in order to “avoid irreparable damage to persons.” These three
conditions must co-exist and must be present in every situation in which the
intervention of the Tribunal is requested. In the same way, the three conditions
described must persist for the Court to maintain the protection ordered. If one of the
conditions has ceased to exist, the Tribunal will evaluate the appropriateness of
continuing the protection ordered.2
3.
That in accordance with its jurisdiction in the framework of provisional
measures, the Court must consider only the arguments that relate strictly and
directly with extreme gravity, urgency, and the necessity to avoid irreparable
damage to persons. In this way, in order to decide on maintaining the validity of the
provisional measures, the Tribunal must analyze if the situation of extreme gravity
and urgency that led to the adoption of the measures still exists, or if new
circumstances of extreme gravity and urgency merit their maintenance. Any other
issue can only be heard by the Court as a contentious case.3
*
*
*
4.
That according to the Orders of the Court of May 12 and November 26 of
2007, the State must, inter alia, adopt the provisional measures with the object of:
a) protecting the life and personal integrity of the beneficiaries previously pointed
out (supra Having Seen 1), and b) planning and implementing the measures with the
participation of the beneficiaries of the same or with their representatives.
5. That due to that pointed out in the Order of the President of December 18, 2009,
and taking into account the information presented by the parties at the public
Quijano Viuda de Meléndez; and for the State: David Ernesto Morales Cruz, Agent and General Director of
Human Rights of the Ministry of Foreign Relations; Sebastián Vaquerano, Alternate Agent and Ambassador
of the Republic of El Salvador in Costa Rica, and Ms. Tania Camila Rosa, Sub Director of Human Rights of
the Ministry of Foreign Relations.
2
Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Court of July 6,
2009, considering fourteenth; Matter of Guerrero Larez. Provisional Measures regarding Venezuela. Order
of the Court of November 17, 2009, considering tenth; and Case of the Rochela Massacre. Provisional
Measures regarding Colombia. Order of the Court of November 19, 2009, considering fourteenth.
3
Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Court of
August 20, 1998, considering sixth; Matter of the Penitentiary Center of the Central Occidental Region
(Uribana Prison) Provisional Measures regarding Venezuela. Order of the Court of November 24, 2009,
considering fifth, and Matter of the Urso Branco Prison. Provisional Measures regarding Brazil. Order of the
Court of November 25, 2009, considering fourth.