2
during the enforcement period of these measures.
5.
The communications of the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) of April 14 and July 31, 2009, as well as
April 22, 2010, in which it presented its comments on the information submitted by the State
and the representatives (supra Having Seen 3 and 4) along with other information on the
alleged threats received by the beneficiaries.
CONSIDERING:
1.
That Guatemala has been a State Party to the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) since May 25, 1978 and accepted
the contentious jurisdiction of the Court on March 9, 1987.
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.”
3.
With regards to this issue, Article 27 of the Rules of Procedure of the Court (hereinafter
“the Rules of Procedure” or “the Rules)1 establishes in relevant part that:
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.
[…]
9.
The Court, or its Presidency if the Court is not sitting, may convene the Commission, the
beneficiaries of the measures or their representatives, and the State to a public or private hearing on
provisional measures.
[…]
4.
The provision established in Article 63(2) of the Convention confers an obligatory
character to the State’s adoption of the provisional measures ordered by this Tribunal, as the
basic legal principal of international State liability, supported by international jurisprudence,
provides that States must fulfill their treaty obligations in good faith (pacta sunt servanda).2
5.
Under international human rights law, in addition to their preventive nature in that they
preserve a juridical situation, the purpose of provisional measures is essentially preventive,
since they protect human rights, inasmuch as they seek to avoid irreparable damage to
persons. Provided the basic requirements of extreme gravity and urgency and the prevention of
1
Rules of Procedure of the Court approved during its LXXXV Regular Session held from November 16-18, 2009.
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; Matter of Ramírez Hinostroza et al. Provisional
Measures regarding Peru. Order of the Inter-American Court of Human Rights of February 3, 2010, Considering clause
five; and Matter of Alvarado Reyes et al. Provisional Measures regarding Mexico. Order of the Inter-American Court of
Human Rights of May 26, 2010, Considering clause five.