5
1.
Venezuela is a State Party to the American Convention since August 9, 1977, and,
according to Article 62 of the Convention, it acknowledged the Court’s contentious
jurisdiction on June 24, 1981.
2.
Article 63(2) of the American Convention states that, “[i]n cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons, the Court shall
adopt such provisional measures as it deems pertinent in matters it has under
consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission.”
3.
In the terms of Article 26 of the Rules of Procedure of the Court:5
1. At any stage of proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, on its own motion, order
such provisional measures as it deems appropriate, pursuant to Article 63(2) of the
Convention.
2. With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[…]
6. If the Court is not sitting, the President, in consultation with the Permanent Commission
and, if possible, with the other Judges, shall call upon the State concerned to adopt such
urgent measures as may be necessary to ensure the effectiveness of any provisional measures
that may be ordered by the Court during its next period of sessions.
[…]
4.
The provision established in Article 63(2) of the Convention grants an obligatory
nature to the adoption, by the State, of the provisional measures ordered to it by this
Tribunal, since the basic legal principle of the State’s responsibility, supported by
international jurisprudence, has stated that the States shall comply with their conventional
obligations in good faith (pacta sunt servanda).6
5.
The present request for provisional measures does not refer to a case being heard by
the Court, but instead it originated on a request for provisional measures filed before the
Inter-American Commission. Even though said communication was recorded under number
MP 7-09, this Tribunal does not have information regarding if the facts brought before it are
part of a contentious proceeding before the Inter-American System or if a petition regarding
the merits of this request has been filed before the Inter-American Commission.
5
Rules of Procedure adopted by the Court during its XLIX Regular Session, held from November 16 through
25, 2000 and partially reformed during the LXXXII Regular Session, held from January 19 through 31, 2009,
pursuant with Articles 71 and 72 of the same.
6
Cfr. 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 six; Matter of Guerrero Larez. Provisional
Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009,
Considering clause five, and Case of 19 Tradesmen v. Colombia. Monitoring of Compliance with Judgment and
Provisional Measures. Order of the Inter-American Court of Human Rights of July 8, 2009, Considering clause four.