2
6.
The brief of July 26, 2010, in which the Inter-American Commission on
Human Rights (hereinafter also “the Inter-American Commission” or “the
Commission”) presented its observations on the reports of the State and the briefs
of the representatives.
7.
The notes of September 3 and October 25, 2010, in which the Secretariat of
the Court, on the instructions of the Court in plenary and the President of the Court,
respectively, reiterated to the State the request that it forward the new assessment
of the level of risk and degree of threat in relation to the beneficiary of the measures
as required in the Order of February 3, 2010.
CONSIDERING THAT:
1.
Colombia ratified the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) on July 31, 1973, and accepted the
jurisdiction of the Inter-American Court, in accordance with Article 62 of the
Convention, on June 21, 1985.
2.
Article 63(2) of the American Convention provides 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.” This provision is also regulated
in Article 27 of the Court’s Rules of Procedure.1
3.
According to the provisions of Article 63(2) of the Convention, the State is
bound to adopt the provisional measures ordered by the Court, because a basic
principle of international law, supported by international case law, requires States to
comply with their treaty-based obligations in good faith (pacta sunt servanda).2
4.
Under international human rights law, provisional measures are not only
preventive in nature, in that they preserve a legal situation, but also essentially
protective, since they safeguard human rights, inasmuch as they seek to avoid
irreparable damage to persons. Provided that the basic requirements of extreme
gravity and urgency and the prevention of irreparable damage to persons are met,
provisional measures become a real jurisdictional guarantee of a preventive nature.3
5.
In its Order of December 7, 1994, the Court adopted provisional measures to
protect the life and personal integrity of María Nodelia Parra and other persons who
had testified before the Court in the instant case and had been threatened. The
1
The Court’s Rules of Procedure adopted at its eighty-fifth regular session held from November 16
to 28, 2009.
2
Cf. Matter of James et al. Provisional measures with regard to Trinidad and Tobago. Order of the
Court of June 14, 1998, sixth considering paragraph; Case of Eloisa Barrios et al. Provisional measures
with regard to Venezuela. Order of the Inter-American Court of Human Rights of November 25, 2010,
third considering paragraph, and Matter of Alvarado Reyes et al. Provisional measures with regard to
Mexico. Order of the Inter-American Court of Human Rights of November 26, 2010, fourth considering
paragraph.
3
Cf. Case of the “La Nación” Newspaper. Provisional measures with regard to Costa Rica. Order of
the Inter-American Court of Human Rights of September 7, 2001, fourth considering paragraph; Matter of
Aragua Detention Center “Tocorón Prison”. Provisional measures with regard to Venezuela. Order of the
Inter-American Court of Human Rights of 24 November 24, 2010, sixth considering paragraph, and Matter
of Alvarado Reyes et al, supra note 2, fifth considering paragraph.