Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 311
the Inter-American Commission on Human Rights, 794 the
African Commission on Human and Peoples’ Rights, 795 the
Savriddin Dzhurayev v. Russia, ECtHR, Application No. 71386/10,
Judgment of 25 April 2013, para. 213: “The crucial significance of
interim measures is further highlighted by the fact that the Court
issues them, as a matter of principle, in truly exceptional cases on the
basis of a rigorous examination of all the relevant circumstances. In
most of these, the applicants face a genuine threat to life and limb,
with the ensuing real risk of grave, irreversible harm in breach of the
core provisions of the Convention. This vital role played by interim
measures in the Convention system not only underpins their binding
legal effect on the States concerned, as upheld by the established
case-law, but also commands the utmost importance to be attached to
the question of the States Parties’ compliance with the Court’s
indications in that respect …. Any laxity on this question would
unacceptably weaken the protection of the Convention core rights and
would not be compatible with its values and spirit …; it would also be
inconsistent with the fundamental importance of the right of individual
application and, more generally, undermine the authority and
effectiveness of the Convention as a constitutional instrument of
European public order …”.
793
Chunimá v. Guatemala, IACtHR, Series E, Order of the Court of 15
July 1991; James v. Trinidad and Tobago, IACtHR, Series E, Order of
the Court of 24 November 2000; Loayza Tamayo v. Peru, IACtHR,
Series E, Order of the Court of 13 December 2000; Haitians and
Dominican nationals of Haitian origin in the Dominican Republic v. the
Dominican Republic, IACtHR, Order of the Court of 14 September
2000. See further the extrajudicial comments of Asdrúbal Aguiar,
former judge of the Inter-American Court of Human Rights, “Apuntes
sobre las medidas cautelares en la Convención Americana sobre
Derechos Humanos”, in La Corte y el sistema Interamericano de
Derechos Humanos, Rafael Nieto Navia, Editor, 1994, p.19.
794
See, Letter to Center for Constitutional Rights and Centro por la
Justicia y el Derecho Internacional (CEJIL) from the Inter-American
Commission on Human Rights, Ref: Djamel Ameziane, Precautionary
Measures No. 211-08, United States, 20 August 2008, available at
http://ccrjustice.org/files/2008-08-
20%20IACHR%20Initial%20Response.pdf.
795
International Pen and Others v. Nigeria, ACommHPR,
Communications nos. 137/94, 139/94, 154/96 and 161/97, 24 th
Ordinary Session, 31 October 1998, para. 114.