In the Inter-American System, the purpose of precautionary
measures is to prevent irreparable harm to persons or to preserve
the subject matter of the proceedings in connection with pending
litigation. Therefore, their adoption does not require a case
pending before the Commission, nor do they have to join the
claim of a human rights violation. Although the precautionary
measures are not explicitly mentioned in the American Convention or statute, as I mentioned before, these measures have been
institutionalized for decades through Rules of Procedure of the
Commission.22 Under Article 25 of the Rules of Procedure of the
Commission, in serious and urgent situations the Commission
may, on its own initiative or the initiative of a party, request that
a state adopt precautionary measures.
After doing a very quick analysis of the measures, we found
that of the 771 measures adopted by the Commission from 1994
to 2012, 665 measures dealt with the right to life, along with
other rights. Six hundred thirty-four measures dealt with life and
humane treatment. Five hundred eighty-two dealt with personal
integrity, along with rights other than the right to life. Eightythree measures dealt with the right to life alone. Only seven measures dealt with humane treatment alone—not related to the right
to life or other rights under the American Convention. Therefore,
the great majority of the precautionary measures adopted by the
Inter-American Commission on Human Rights have focused on
these non-derogable core rights established both in the Declaration and the American Convention.
If protections are provided by the state as a result of an order
issued by the Inter-American Commission, these may be due to
its own motion or at a request of a party. Taking into consideration the special circumstances existing in several states of the
Americas, the Commission has adopted precautionary measures
to protect persons on an individual and collective basis. In this
sense, beneficiaries of precautionary measures have been, among
others, human rights defenders, persons in detention—some of
whom have been sentenced to capital punishment or are being
kept in deplorable health conditions—persons being harassed in
the context of judicial procedures, persons with health problems,
children, and entire communities of indigenous peoples.
We have numbers for other rights related to, for example,
freedom of expression with 25 measures; right to health with 26
measures; equality with fifteen measures; personal safety with
thirteen measures; and liberty with eight measures. You will see
that there is a clear focus of the Commission on these particular
rights, even though the normative framework of the Commission
is very broad—not only right to life, equality, and personal integrity, but many other rights. The Commission has been very deliberate and careful in using these powers on these types of rights,
dispelling some conceptions that the Commission has been very
liberal in dispensing precautionary measures in all sorts of situations, particularly in the framework of the Belo Monte case.23
Study on the Commission’s
Use of Precautionary Measures
Another important finding that illustrates the scope and where
the Commission focuses its measures are the number of precautionary measures issued by country. Which countries receive the
most precautionary measures? In the last decade, Colombia had
the most with 173 measures. Then comes Guatemala, with 97
measures, then Mexico with 75, and—I would say surprisingly
for some and not for others—the United States is fourth, with 72
precautionary measures. As you can imagine, these entail issues
of non-refoulement and issues related to the death penalty.
Behind each one of these situations, there are grim realities
that stem from armed conflict, discrimination, poverty, corruption,
precarious prison conditions, and impunity, which unfortunately
still exist in the Americas. On this basis, with a colleague in the
University of Ghent in Belgium, we studied all of the measures
that have been adopted by the Inter-American Commission since
they first adopted this power in the regulations in the 1980s; we
ended up with a collection of 771 precautionary measures. Then
we studied how the Commission dealt with petitions regarding
different countries—the Americas is composed of a very diverse
set of countries, some of which have gross, systematic violations
of human rights, others with established democracies—to understand the scope of application of the precautionary measures of
the Commission and how they have been used in its history.
There is very little information about the implementation of
the measures. We only found some references, particularly dealing with the death penalty. Of the death penalty cases, there were
only a few reported—139 cases reported on the death penalty,
and only 45 of those cases were followed up in these reports.
And of those 45 death penalty cases, there was some sort of
compliance with the measures only in half of them. The [United
States] complied with seven cases with interim measures of the
Commission. Other countries have complied with precautionary measures—half of them have been complied with in some
way or another, partly on the basis of the report regarding death
penalty cases.
We intend to release this article in two or three months, and
hopefully it will increase understanding of the Commission’s
measures, as opposed to the practice of the provisional measures
of the Court, given that there is much more information on these.
The Commission can issue measures regarding any right recognized by the Inter-American instruments for which the individual
complaint procedure is available, that is the basic prerequisite.
This very broad subject matter jurisdiction is, however, limited
by notions that were mentioned before—gravity, urgency and
irreparability of a particular situation, and on those bases it has
narrowed its measures to specific situations and specific rights.
The Value of Precautionary Measures
Finally, I would like to highlight a couple more issues. First is
the importance of precautionary measures for the protection of
the most basic rights. The Commission has been very deliberate
in opening its measures not only for situations that have been
dealt with in cases, as I mentioned, but beyond that. You can
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