performing the provisional measure and the degree of the latter’s cooperation in
moving forward the procedure8.
20. Also to be taken into account is whether or not implementation of the provisional
measure requires involvement of other third parties or whether the implementation
involves outside elements, etc.
21. All in all, do the fluctuations of time limits really take into account all the
endogenous and exogenous elements inherent in the implementation of the measure
dictated by the Court? If not, how does one understand the sixty (60) days’ time limit
decided in the instant Order?
22. In this case, it must also be said that the Order does not take into account the
interest of justice and the need for the performing party to maintain the status quo until
the conclusion of the proceedings pending before the Court. This is so because the
Court's interest in monitoring execution of its decision is emptied of all its substance.
The time limit lacks proportionality because it diminishes the State's obligation to report
back to the Court. Moreover, it deprives the Court of the opportunity to keep a watchful
eye on the rights of which it has the mandate to protect.
23. It is the foregoing reasons that led us to vote against paragraph (b) of the operative
part of the Order. We hope the Court will adopt a consistent course of action in this
area and be extremely demanding, as soon as the right to life comes under threat.
0 When It is established that the performing party is not inclined to full cooperation, the Court should
give extremely short time limit, followed by repeated reminders if need be.
5