4.
In the International Law of Human Rights, provisional measures are not only
precautionary, in the sense that they preserve a legal situation, but rather they are
fundamentally protective in nature, because they protect human rights, to the extent
that they seek to avoid irreparable damage to persons. An order rendered for the
adoption of measures is applicable as long as the basic requirements of extreme gravity
and urgency and prevention of irreparable damage to persons are met. As such,
provisional measures become a true judicial guarantee that is preventive in nature 3.
5.
The prima facie standard of assessment of a matter and the application of
assumptions regarding the necessity for protection have led the Court to order
measures on several occasions.4 Although when ordering provisional measures, in some
cases, the Court has considered it essential to identify those persons who are at risk of
irreparable harm in order to grant them measures of protection,5 on other occasions,
the Court has ordered the protection of a number of people who have not been
previously identified, but who are identifiable and can be verified and are in a situation
of grave danger because of their membership to a group, 6 such as persons deprived of
their liberty in a detention center.7 In this case, the Inter-American Commission asked
the Court to order the protection of all persons at the Curado complex.
6.
That the Court considers it necessary to clarify that, in view of the protective
nature of the provisional measures, the Tribunal may order such measures even when a
contentious case is not necessarily before the Inter-American system, in situations that,
prima facie, may result in a serious and urgent impairment of human rights. Therefore,
the Court must make an assessment of the proposed problem, the effectiveness of the
State measures regarding the described situation and the degree of lack of protection in
which the people requesting the measures face if such measures are not adopted. In
order to achieve such goal it is essential that the Inter-American Commission submit
sufficient grounds to comprise the already mentioned criteria and that the State be
unable to prove, in a clear and sufficient manner, the effectiveness of the specific
measures adopted within it domestic jurisdiction. 8
3
Cf. Case of Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001, Considering clause 4, and Matter of Danilo Rueda
regarding Colombia. Order of the acting President of the Inter-American Court of Human Rights of May 02,
2014, Considering clause 11.
4
Cf. Case of Raxcacó Reyes et al. Provisional Measures regarding Guatemala. Order of the Court of
August 30, 2004, Considering clause 10, and Matter of Adrián Meléndez Quijano et al. regarding El Salvador.
Order of the Inter-American Court of Human Rights of August 21, 2013, Considering clause 19.
5
Cf. Case of Haitians and Dominicans of Haitian Origen in the Dominican Republic. Provisional
Measures regarding the Dominican Republic. Order of the Inter-American Court of Human Rights of August
18, 2000, Considering clause 8, and Case of Ávila Moreno et al. (Case of Operation Génesis) regarding
Colombia. Order of the Inter-American Court of Human Rights of May 30, 2013, Considering clause 8.
6
Cf., inter alia, Matter of the Peace Community of San José de Apartadó. Provisional Measures
regarding Colombia. Order of the Inter-American Court of Human Rights of November 24, 2000, Considering
clause 7, and Case of Ávila Moreno et al. (Case of Operation Génesis) regarding Colombia. Order of the
Inter-American Court of Human Rights of May 30, 2013, Considering clause 8.
7
Cf., inter alia, Matter of Urso Branco Prison. Provisional Measures regarding Brazil. Order of the
Inter-American Court of Human Rights of June 18, 2002, Considering clause 9, and Matter of the Prison
"Tocorón Jail" regarding Venezuela. Order of the President of the Inter-American Court of Human Rights
November 01, 2010, Considering clause 13.
8
Cf. Matter of El Rodeo I and El Rodeo II Judicial Confinement Centers, Request for Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 8, 2008,
Considering clause 9, and Matter of Danilo Rueda regarding Colombia. Order of the acting President of the
Inter-American Court of Human Rights of May 02, 2014, Considering clause 20.
8