7
a)
There is no arrest warrant against Mrs. Loayza Tamayo and there
never was one, so that she is free to return to the country when she
considers it appropriate; it also expresses its “willingness to grant the said
citizen the necessary guarantees and measures that her physical safety,
mental health and moral integrity will not be harmed”; and
b)
Peru “is taking the pertinent measures to comply with the provisions of
the judgment issued by the Court” in relation to Mrs. Loayza Tamayo.
CONSIDERING:
1.
That Peru has been a State Party to the American Convention since July 28,
1978, and that it recognized the competence of the Court on January 21, 1981.
2.
That Article 63.2 of the American Convention provides that, in cases of
“extreme gravity and urgency, and when necessary to avoid irreparable damages to
persons”, the Court may, in matters submitted to its consideration, take the
provisional measures that it considers pertinent.
3.
That, in the terms of Article 25.1 of the Rules of Procedure of the Court:
[a]t any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63.2 of the Convention.
4.
That Article 1.1 of the Convention indicates the obligation of the States
Parties to respect the rights and freedoms embodied in it and to guarantee their free
and full exercise to all persons subject to their jurisdiction.
5.
That the Court is authorized to adopt provisional measures in cases of
extreme gravity and urgency to avoid irreparable damages to persons (Article 63.2
of the Convention). In this case, with regard to the request contained in “the first
having seen paragraph”, this implies safeguarding the personal safety of Mrs. Loayza
Tamayo.
6.
That the antecedents submitted in this case reveal prima facie a threat to
Mrs. Loayza Tamayo’s safety. The standard of prima facie appreciation of a case
and the application of presumptions in the face of the need for protection have led
this Court to order provisional measures on several occasions1.
1
Cf. inter alia, Paniagua Morales et al. case Provisional Measures. Order of the Inter-American
Court of Human Rights of January 29, 2001, seventh considering clause; Loayza Tamayo case. Provisional
Measures. Order of the President of the Inter-American Court of Human Rights of December 13, 2000,
seventh considering clause; Ivcher Bronstein case. Provisional Measures. Order of the Inter-American
Court of Human Rights of November 23, 2000, fifth considering clause; The Peace Community of San José
de Apartadó case. Provisional Measures. Order of the President of the Inter-American Court of Human
Rights of October 9, 2000, fourth considering clause; Haitians and Dominicans of Haitian Origin in the
Dominican Republic case. Provisional Measures. Order of the Inter-American Court of Human Rights of
August 18, 2000, fifth and ninth considering clauses; Constitutional Court case. Provisional Measures.