4
Inter-American Court of Human Rights of January 15, 1988, Provisional Measures in
the Velásquez Rodríguez, Fairén Garbi and Solís Corrales, and Godínez Cruz cases;
Order of the Inter-American Court of Human Rights of December 7, 1994, Provisional
Measures in the Caballero Delgado and Santana case; Orders of the Inter-American
Court of Human Rights of September 22, 1995, and April 18, 1997, Provisional
Measures in the Blake case; Order of the President of the Inter-American Court of
Human Rights of June 30, 1998, and Order of the Inter-American Court of Human
Rights of August 29, 1998, both as to the Provisional Measures in the Bámaca
Velásquez case); with all the more reason is the adoption of provisional measures
justified when it is a petitioner in a contentious case pending before the Court who
claims that she fears for her personal integrity.
9.
That, on this point, as this Court has already stated, “it is the responsibility of
the State to adopt security measures to protect all those who are subject to its
jurisdiction; this obligation is even more evident as regards those who are involved
in proceedings before the supervisory organs of the American Convention” (cf. Order
of the Inter-American Court of Human Rights of November 17, 1999, Provisional
Measures in the Digna Ochoa y Plácido et al case, seventh preambular paragraph).
10.
That the purpose of provisional measures, under the national legal systems
(domestic procedural law) in general, is to preserve the rights of the contending
parties, ensuring that the future judgement on merits is not prejudiced by their
actions pendente lite.
11.
That, under the International Law of Human Rights, the purpose of
provisional measures goes further, as, besides their essentially preventive character,
they effectively protect fundamental rights, inasmuch as they seek to avoid
irreparable damage to persons.
12.
That the requests contained in “Having seen” 1b and c (supra) refer to legal
proceedings that are not directly linked to the facts of the Constitutional Tribunal
case under consideration by this Court and, if these facts were to be submitted to
the Court, it would not be in order for it to take a decision with regard to ordering
provisional measures, since this would imply prejudging the merits. In view of its
specific object and legal nature, the granting of provisional measures may under no
circumstances prejudge the merits of a case.
13.
That, in accordance with Article 25.4 of the Rules of Procedure, the President
of the Court is only authorized to order such urgent measures as may be necessary
to ensure the effectiveness of any provisional measures subsequently ordered by the
Court at its next period of sessions (cf. inter alia, Order of the President of the InterAmerican Court of Human Rights of February 10, 1998, in the Paniagua Morales et al
and Vásquez et al cases; and Order of the President of the Inter-American Court of
Human Rights of July 29, 1997, Provisional Measures in the Cesti Hurtado case).
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT
OF HUMAN RIGHTS
Based on Article 63.2 of the American Convention on Human Rights and on the use