The Supervision of Precautionary Measures in Force

The IACHR uses various tools at its disposal to facilitate the follow-up and monitoring of precautionary measures which have been granted, such as the exchange of communications between the parties; bilateral or working meetings; hearings held in the framework of the IACHR's periods of sessions; press releases; and, on-site visits, among others. For more information, see Resolution 2/2020 on "Strengthening of the Monitoring of Precautionary Measures in Force".

Resolution 2/2020 guides the monitoring of the implementation of granted precautionary measures with a view to protecting the rights of the beneficiaries. In the same way, it is part of the Commission's commitment to States, beneficiaries and representatives to strengthen the monitoring of precautionary measures in force, as well as to promote transparency, predictability and legal certainty of decisions. The Resolution also permits the IACHR to issue Follow-up Resolutions regarding precautionary measures in force to promote their implementation, assessing the actions adopted by the State and accompanying the parties in the process.

The granting of precautionary measures is intrinsically temporary in nature. For this reason, the IACHR periodically evaluates, ex officio or at the request of a party, whether the precautionary measures that are in force continue to meet the requirements of Article 25 of the Rules of Procedure. The Commission may proceed to lift precautionary measures when it determines that a serious and urgent risk of irreparable harm has ceased to exist. Further, in the process of monitoring the implementation of precautionary measures, the IACHR applies an intersectional approach with regards to groups in special situations of vulnerability and a gender perspective, taking into consideration the risk that individuals belonging to these groups may face in specific contexts.

Although the Commission periodically requests information from States regarding the implementation of precautionary measures, it is especially important that representatives submit updated information in the event that a new risk event or situation arises that requires follow-up within the framework of the precautionary measure.

Likewise, regardless of the requests for information made by the IACHR, it is important that States send the information that they consider pertinent regarding precautionary measures in force in order for the IACHR to analyze the actions that they have been adopting.

The Commission also recognizes the positive response adopted by States to precautionary measures that are granted. This is demonstrated when States assign specific protection measures in favor of the beneficiaries, taking into account their opinions and those of their representatives; when they actively participate in presenting information in response to the requests of the IACHR or during working meetings and follow-up hearings on precautionary measures; when they create inter-institutional working groups within their normative frameworks in order to implement the protection measures required by the organs of the System Inter-American, or by incorporating compliance with precautionary measures into their jurisprudence and legislation.

Special Protection Oversight Group (GESP, Spanish acronym)

In order to implement Resolution 2/2020, of April 15, 2020, to strengthen the monitoring of the precautionary measures in force adopted under the terms of Article 25 of its Rules of Procedure, the Precautionary and Provisional Measures Section of the IACHR's Executive Secretariat has a special group that monitors precautionary measures in force.

The Executive Secretariat has adopted a working methodology that allows the IACHR to periodically evaluate precautionary measures in force, with regards to the adequacy and effectiveness of the protection measures adopted by States, as well as the persistence of situations of grave and urgent risk of irreparable harm. In this way, the Commission is able to focus on those matters that require its due attention, adopting at the same time resolutions to lift precautionary measures that no longer met the requirements of Article 25.

The decisions adopted are part of a process led by the IACHR and its Executive Secretariat that, since the implementation of its Strategic Plan, seeks to guarantee the management and effectiveness of its protection mechanisms.