7
9.
That as pointed out in the Order issued in the matter “Globovisión” Television Station
(supra Having seen paragraph 2), when the Court ordered the provisional measures, the
said protection of the freedom of expression was determined in direct relation to the danger
to life and personal integrity as a result of the alleged threats and attacks to the
beneficiaries of the measures.
10.
That, in the case of requests for provisional measures, the Court must only take into
consideration those arguments that are strictly and directly related to extreme gravity,
urgency and the need to avoid irreparable damage to persons. Any other fact or argument
can only be considered and decided by the Court when considering the merits of a
contentious case1.
11.
That, in this case, it is not possible to determine fumus boni iuris without making a
ruling on the merits of the matter in question, which would imply an assessment of whether
the facts alleged by the representatives are in conformity with the American Convention. A
decision on merits is made in a judgment delivered in the course of the proceedings on a
contentious case lodged before the Court, and not while processing provisional measures.
The adoption of the requested measures could imply an incidental prior judgment, with the
consequent establishment of some of the facts and their respective consequences, and
these are the object of the principal dispute in the case lodged before the Court.2 Therefore,
it is not appropriate to order the requested expansion of the content of the measures (supra
Having seen paragraph 13), in the terms of Article 63(2) of the Convention.
12.
That notwithstanding the foregoing, it is necessary to note that some of the alleged
facts used as grounds for the last request for expansion filed by the representatives, refer to
circumstances that could be included among those that should be avoided within the scope
of protection granted by the provisional measures already ordered and in full force. In this
sense, it is worth recalling the considerations that the Court included in the Order issued in
the instant case:
Consequently, the State must continue to adopt the appropriate and necessary measures to
safeguard and protect the life, personal integrity, and freedom of expression of the beneficiaries
of these provisional measures, especially when they carry out journalistic activities outside the
station’s offices, the circumstances in which, according to the reports received, the most recent
alleged physical attacks have occurred. The means and coverage of this protection must respond
to the requirements of the circumstances, and be adapted, insofar as possible, to the need to
protect the life, personal integrity, and freedom of expression of the beneficiaries and to the
specific situations that occur. In this regard, the Court urges the beneficiaries and the State to
collaborate in order to take into account the recommendations made by the State’s security
1
Cf. Matter of James et al. v. Trinidad and Tobago. Provisional measures with regard to Trinidad and
Tobago. Order of the Court of August 20, 1998, sixth considering paragraph; Matter of Castañeda-Gutman v.
Mexico. Provisional measures with regard to Mexico. Order of the Court of November 25, 2005, eighth considering
paragraph; Case of Juan Humberto-Sánchez. Provisional measures with regard to Honduras. Order of the Court of
February 7, 2006, seventh considering paragraph, and Matter of Luisiana Ríos et al. Provisional measures with
regard to Venezuela. Order of the Court of July 3, 2007, ninth considering paragraph, and Matter of “Globovisión”
Television Station. Provisional Measures with regard to Venezuela. Order of the Court of November 21, 2007,
fourteenth considering paragraph. See also: Case of Cesti-Hurtado. Provisional measures with regard to Peru.
Order of the Court of September 11, 1997, fifth considering paragraph, and Case of Herrera Ulloa. Provisional
Measures with regard to Costa Rica. Order of the Court of September 7, 2001, eighth considering paragraph.
2
Cf. Matter of Castañeda-Gutman v. Mexico. Provisional measures with regard to Mexico, supra note 1,
tenth considering paragraph, and Matter of Luisiana Ríos et al. Provisional measures with regard to Venezuela,
supra note 1, fifteenth considering paragraph.