2.
Article 63(2) of the 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 […].” This
provision is also regulated in Article 27 of the Court’s Rules of Procedure (hereinafter “the Rules
of Procedure”) 1 and is obligatory in nature for States, given that the basic principle of the law on
State responsibility, supported by international jurisprudence, indicates that a State must comply
with its international treaty obligations in good faith (pacta sunt servanda). 2
3.
Under international human rights law, provisional measures are not merely precautionary
in nature, in the sense that they preserve a juridical situation; however, they are also
fundamentally protective, because they safeguard human rights, inasmuch as they seek to avoid
irreparable harm to persons. 3 In this manner, Article 63(2) of the Convention requires that the
Court offer provisional measures that encompass these three conditions: a) “extreme gravity,” b)
“urgency,” and c) prevention of irreparable harm to persons.” In this way, provisional measures
become a real jurisdictional guarantee of a preventive nature. 4 These three conditions must be
present in every situation in which the intervention of the Court is sought, and they must persist
for the Court to maintain the order for protection, and if one ceases, the Court must assess the
appropriateness of continuing with the order for protection. 5
4.
Given its competence, in the framework of the provisional measures, the Court must only
consider those arguments that strictly and directly relate to the requirements of extreme gravity
and urgency and prevention of irreparable harm to persons. Any other fact or argument can only
be analyzed and resolved by the Court during its consideration of the merits in a contentious case
or in the proceeding on monitoring of compliance with the respective judgment. 6
A. Request to extend the present provisional measures in favor of María Leontina
Millacura Llaipén, Fabiola Valeria Torres Millacura, Marcos Alejandro Torres Millacura,
Evelyn Paola Caba, Ivana Valeria Torres Hernández, Romina Marcela Torres Hernández,
Miguel Ángel Sánchez, Tamara Bolívar and Iván Eladio Torres, and actions allegedly
taken against Ms. Verónica Heredia, reported by the representatives
1
Article 27(1) of the Rules of Procedure (hereinafter “the Rules of Procedure”) establishes that: “[a]t any stage of
the 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 pertinent, pursuant to Article
63(2) of the Convention.”
2
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the Inter-American
Court of Human Rights of June 14, 1998, considering clause six, and Case of Matter of Castro Rodríguez regarding
México. Order of the Inter-American Court of Human Rights of August 23, 2013, considering clause six .
3
Cf. Case of Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the Inter-American
Court of Human Rights of September 7, 2001, considering clause four, and Case of Matter of Castro Rodríguez regarding
México. Order of the Inter-American Court of Human Rights of August 23, 2013, considering clause seven.
4
Cf. Case of Newspaper “La Nación”. Provisional Measures regarding Costa Rica. Order of the Inter-American
Court of Human Rights of September 7, 2001, considering clause four, and Matter of Wong Ho Wing regarding Perú. Order
of the Inter-American Court of Human Rights of August 22, 2013, considering clause six .
5
Cf. Case of Carpio Nicolle. Provisional Measures regarding Guatemala. Order of the Inter-American Court of
Human Rights of July 6, 2009, considering clause fourteen, and Case of Matter of Castro Rodríguez regarding México.
Order of the Inter-American Court of Human Rights of August 23, 2013, considering clause seven.
6
Cf. Matter of James et al. Provisional Measures regarding Trinidad y Tobago. Order of the Inter-American Court
of Human Rights of August 29, 1998, considering clause six, and Case of Matter of Castro Rodríguez regarding México.
Order of the Inter-American Court of Human Rights of August 23, 2013, considering clause eight.
3