7 damage to people are met. Thus, provisional measures are transformed in a true jurisdictional guarantee of a preventive nature.5 5. The stipulation established in Article 63(2) of the Convention grants obligatory nature to the adoption, by the State, of the provisional measures ordered this Tribunal, since the basic legal principle on State responsibility, supported international jurisprudence, has indicated that the States must comply with conventional obligations in good faith (pacta sunt servanda).6 * * an by by its * 6. The present request for provisional measures is not related to a case brought before the Court, but instead it was originated on a request for precautionary measures filed before the Inter-American Commission. The Court does not have information regarding if the facts brought before the Tribunal are part of a contentious proceeding before the Inter-American System or if a petition was filed before the Inter-American Commission regarding the merits related to this request. 7. On previous opportunities, this Court interpreted that the phrase “matters that have not yet been submitted before it” included in Article 63(2) in fine of the American Convention assumes that there is at least a possibility that the matter that leads to the request of provisional measures may be submitted to the Court in its contentious competence. In order for there to be said minimum possibility the proceeding established in Articles 44 and 46 through 48 of the American Convention must have been started before the Commission.7 8. From the information provided by the Commission it can be concluded that Rocío, Nitza, and José, who are cousins, have been missing since December 29, 2009, and, despite the fact that their next of kin informed of the facts to different state authorities and the Commission ordered precautionary measures on March 4, 2010, (supra Having Seen paragraphs 2(a), (b), and (e)), the actions adopted by the State have not offered positive results regarding the specific information addressed to determining their whereabouts and their current situation. The information provided by the Commission indicates that there are reasonable grounds to suspect that state agents illegally deprived them of their freedom on the night of December 29, 2009. 9. Article 63(2) of the Convention demands that in order for the Court to be able to issue provisional measures three conditions must concur: i) “extreme gravity”; ii) 5 Cf. Case of the Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the Inter-American Court of Human Rights of September 7, 2001, Considering Clause number four; Case of Caballero Delgado and Santana. Provisional Measures regarding Colombia. Order of the Inter-American Court of Human Rights of February 3, 2010, Considering clause number four; Case of Rosendo Cantú et al. Provisional Measures regarding Mexico. Order of the Inter-American Court of Human Rights of February 2, 2010, Considering clause number five; and Matter of Natera Balboa. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of February 1, 2010, Considering clause number seven. 6 Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, Considering clause number six; Matter of Ramírez Hinostroza et al. Provisional Measures regarding Peru. Order of the Inter-American Court of Human Rights of February 3, 2010, Considering clause number five; Case of Rosendo Cantú et al., supra note 5, Considering clause number six; and Matter of Guerrero Larez. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009, Considering clause number five. 7 Cf. Matter of García Uribe et al. Request for Provisional Measures regarding Mexico. Order of the Inter-American Court of Human Rights of February 2, 2006, Considering Clauses number three and four; Matter of Natera Balboa, supra note 5, Considering Clause number six; and Matter of Guerrero Larez, supra note 6, Considering Clause number seven.

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