Introduction

The usual time-consuming approach of international proceedings is inadequate in urgent situations that may result in the death or torture of the victim. Under traditional human rights law, little could be done formally to provide immediate assistance to those who were in imminent danger. The Inter-American human rights system can, however, provide timely assistance to victims in special circumstances. The American Convention authorizes the Inter-American Commission in ‘cases of extreme gravity and urgency’ to circumvent its time-consuming intermediary procedures and to request immediately that the Inter-American Court adopt provisional measures. Also, when the case is before the Court, the Court at the request of a party or on its own motion may order the government involved to take or refrain from taking certain measures.

Although a State Party to the American Convention has an obligation, erga omnes, to protect all persons subject to its jurisdiction, the Court may use its authority to call upon the State to take special measures to protect persons who are in immediate danger.