3 13. The brief of June 12, 2009, in which the State submitted its observations to the report of the Inter-American Commission. CONSIDERING: 1. That Colombia is a State Party to the American Convention on Human Rights, (hereinafter the “American Convention”) since July 31, 1973, and acknowledged the adjudicatory jurisdiction of the Court on June 21, 1985. 2. That Article 63(2) of the American Convention establishes 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 regard to a case not yet submitted to the Court, it may act at the request of the Commission.” 3. That Article 26(2) of the Rules of Procedure of the Court 2 (hereinafter “the Rules of Procedure”) reiterates that: “[w]ith respect to matters not yet submitted to it, the Court may act at the request of the Commission.” 4. That the disposition established in Article 63(2) of the Convention grants an obligatory character to the adoption, by the State, of the provisional measures ordered by this Tribunal, given that the basic principle of the Law of State Responsibility, supported by international jurisprudence, has pointed out that the States shall fulfill their conventional obligations in good faith (pacta sunt servanda.) 3 5. That in International Law of Human Rights, provisional measures have not only a cautionary character in the sense of preserving a legal situation, but are also fundamental to give protection to human rights, to the extent that they seek to avoid irreparable damages to persons. The measures are applied as long as the basic requirements of extreme gravity and urgency and of the prevention of irreparable damages to persons are met. In this way, provisional measures transform into a true jurisdictional guarantee of a preventative character. 4 * * * 2 Rules approved by the Court in its XLIX Ordinary Period of Sessions, held between November 16 - 25, 2000, and partially reformed during the LXXXII Ordinary Period of Sessions, held January 19-31, 2009. 3 Cf. Matter of James and others. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998, Considering sixth; Matter of A.J. and others, Provisional Measures regarding Haiti, Order of the Inter-American Court of Human Rights of September 21, 2009, Considering sixth, and Matter of Guerrero Larez. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 17, 2009, Considering fifth. 4 Cf. Case of “La Nación” Newspaper.” Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001. Considering fourth; Matter of A.J. and others, Provisional Measures regarding Haiti, supra note 3, Considering fifth, and Matter of Guerrero Lárez. Provisional Measures regarding Venezuela, supra note 3, Considering fourth.