Title: How are the measures lifted?
Course: Inter-American Human Rights System - 2nd. Edition > Section: Preventive mechanisms

By its nature, a precautionary measure is intrinsically temporary: it must be maintained only for the duration of the serious and urgent situation that led it to be issued in the first place.

Therefore, the Commission periodically evaluates, either on its own initiative or at the request of one of the parties, whether the precautionary measure in force still complies with the requirements of Article 25 of the Rules of Procedure.

If the Commission considers that the circumstances have changed, for example, in the case that the person has left the country, or that there is no longer a serious and urgent risk of irreparable harm, the Commission may decide to lift the measure. The decision to lift the meassures is never taken by the State, but rather by means of a Resolution by the Commission, and these measures  remain in force until the Commission decides otherwise.

In deciding to lift a measure, the Commission takes into account the actions and measures taken by the State to implement them. The Commission also takes into account the opinions of the beneficiaries and/or their representatives.

The IACHR may also decide to lift a measure if the beneficiary fails to respond or provide information for a considerable period of time.

Over the past 35 years, precautionary measures have been used to protect thousands of people who are at risk. These groups include, among others, human rights defenders, judges and justice operators, journalists and trade unionists, and groups that may be in situations of vulnerability, such as women, children, Afro-descendant communities, indigenous peoples, displaced persons, LGBTQ communities, and persons deprived of their liberty. In addition, they have protected witnesses, persons being deported to a country where they could face torture or be subjected to cruel and inhuman treatment, and persons sentenced to death, among others.