MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT 15 4. The granting of such measures and their adoption by the State shall not constitute a prejudgment on the merits of a case.” 50. The scope of the precautionary measures is determined by reference to the scope of the recommendations made by the Commission in respect of the individual petition. In its judgment of 17 September 1997 in Loayza Tamayo v. Peru, the Inter-American Court of Human Rights ruled that the State “has the obligation to make every effort to apply the recommendations of a protection organ such as the Inter-American Commission, which is, indeed, one of the principal organs of the Organisation of American States, whose function is 'to promote the observance and defence of human rights' ...”. 2. The Inter-American Court of Human Rights 51. Article 63 § 2 of the American Convention on Human Rights states: “In 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.” 52. Rule 25 of the Rules of Procedure of the Inter-American Court of Human Rights provides: “1. At any stage of the proceedings involving cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on its own motion, order such provisional measures as it deems pertinent, 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. 3. The request may be made to the President, to any judge of the Court, or to the Secretariat, by any means of communication. In every case, the recipient of the request shall immediately bring it to the President's attention. 4. If the Court is not sitting, the President, in consultation with the Permanent Commission and, if possible, with the other judges, shall call upon the government concerned to adopt such urgent measures as may be necessary to ensure the effectiveness of any provisional measures that may be ordered by the Court at its next session. 5. The Court, or its President if the Court is not sitting, may convoke the parties to a public hearing on provisional measures. 6. In its Annual Report to the General Assembly, the Court shall include a statement concerning the provisional measures ordered during the period covered by the report. If those measures have not been duly implemented, the Court shall make such recommendations as it deems appropriate.” 53. The Inter-American Court has stated on several occasions that compliance with provisional measures is necessary to ensure the