4
3.
Likewise, the provisions established in Article 63(2) of the Convention make the
provisional measures ordered by this Tribunal obligatory for States, as the basic legal
principles of international State responsibility, based on international case law, have
indicated that States must comply with their obligations under the Convention in good
faith (pacta sunt servanda). The failure to comply with an order to adopt provisional
measures handed down by the Tribunal during the proceeding before the Commission
and before the Court can result in international responsibility for the State.3
4.
Based on its jurisdiction, in the context of provisional measures the Court can only
consider those arguments that are directly related to extreme gravity, urgency and the
need to avoid irreparable damages to persons. Thus in order to decide whether the
provisional measures should remain in force, the Tribunal must analyze wither the
situation of extreme gravity and urgency that led to their adoption still persists, or if,
rather, new circumstances that are equally grave and urgent merit that the measures be
maintained. This should not constitute a prejudgment of the case or of the merits of the
problem. Any other matter can only be brought before the Court as an adversarial case.4
5.
In keeping with the orders of the Inter-American Court dated November 23, 2004,
June 295 and September 22, 2005, and February 4, 2010, (supra Having Seen 1) the
State must, inter alia, adopt provisional measures with the purpose of: a) protecting the
lives and personal integrity of the beneficiaries;6 b) provide the permanent security
measures necessary to secure the homes of Maritza Barrios, Juan Barrios and Orismar
Carolina Alzul García, and c) ensure and effectively implement the conditions necessary
for the members of the Barrios family who have been forced to move to other regions of
the country to return to their homes.
6.
On July 26, 2010, the Inter-American Commission brought the case of The Barrios
Family et al. v. Venezuela (No. 12.488) before the Tribunal. According to the application,
the case is related to the alleged persecution of the members of the Barrios family by the
Aragua Police. The persecution has caused the death of five of the family’s
members,7illegal and arbitrary detentions and searches, threats against lives and personal
integrity, and displacements from places of residence. Many of the members of the family
who have suffered from these acts are children. All the alleged violations remain in
3
Cf. Case of the Mendoza Penitentiaries. Provisional Measures regarding Argentina. Order of the Court
of March 30, 2006, Considering 10; Case of the 19 Tradesmen. Monitoring Compliance with Judgment and
Provisional Measures regarding Colombia. Order of the Court of June 8, 2009, Considering 90, and Case of the
19 Tradesmen v. Colombia. Provisional Measures regarding Colombia. Order of the Court of August 26, 2010,
Considering 3.
4
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of August 29, 1998, Considering six; Matter of Adrián Meléndez Quijano et al. Provisional
Measures regarding El Salvador. Order of the Court of February 2, 2010, Considering 3, and Case of García
Prieto v. El Salvador. Provisional Measures regarding El Salvador. Order of the Court of February 3, 2010,
Considering 3.
5
In the orders of the Court dated November 23, 2004, and June 29, 2005, the State was ordered to
investigate the facts motivating the decisions to adopt and maintain these provisional measures.
6
Eloisa Barrios, Inés Barrios, Beatriz Barrios, Orismar Carolina Alzul García, Pablo Solórzano, Caudy
Barrios, Oscar Barrios, Jorge Barrios, Juan Barrios, Maritza Barrios, Roni Barrios, Roniex Barrios, Luis Alberto
Barrios, Yelitza Lugo Pelaes, Arianna Nazaret Barrios, Oriana Zabaret Barrios, Víctor Cabrera Barrios, Beatriz
Cabrera Barrios, Luimari Guzmán Barrios, Luiseydi Guzmán Barrios, Wilmer José Barrios, Génesis Andreina
Barrios, Víctor Tomas Barrios, Geilin Alexandra Barrios, Elvira Barrios, Darelvis Barrios, Elvis Sarais Barrios,
Cirilo Robert Barrios and Lorena Barrios.
7
As of the filing of the application, the death of Wilmer José Florez Barrios had not taken place.