ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 29, 2012
REQUEST FOR PROVISIONAL MEASURES
CASE OF DE LA CRUZ FLORES v. PERU
HAVING SEEN:
1.
The Judgment on Merits, Reparations and Costs (hereinafter “the Judgment”)
issued in the instant case by the Inter-American Court of Human Rights (hereinafter “the
Court” or “the Inter-American Court”) on November 18, 2004.
2.
The Orders of the Inter-American Court of November 23, 2007, September 1,
2010, and February 25, 2011, on the monitoring of compliance with the judgment and
the request for provisional measures.
3.
The brief of December 30, 2011, and its attachments, whereby the
representative of the victim filed a request for provisional measures, in accordance with
Articles 63(2) of the American Convention on Human Rights (hereinafter “the American
Convention” or “the Convention”) and Article 26 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”), in order for the State to “refrain from issuing a
warrant for the arrest of Ms. De La Cruz Flores and an order barring her exit from the
country, as her poor health prevents her from appearing before the Peruvian courts,
which seek to hold new oral proceedings, sixteen (16) years after launching a criminal
investigation against her.”
4.
The communication of January 3, 2012, whereby the representative expanded
his arguments “regarding the [extreme gravity and urgency, as well as the need to avoid
irreparable damage] to María Teresa De La Cruz.”
5.
The communication of February 1, 2012, whereby the Illustrious State of Peru
(hereinafter “the State” or “Peru”) forwarded its observations on the request for
provisional measures filed by the representative, and asked the Court to rule the
representative’s request inadmissible.
6.
The communication of February 21, 2012, in which the Inter-American
Commission on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) presented its observations on the request for provisional measures filed by
the victim’s representative.
Judge Diego García-Sayán, of Peruvian nationality, recused himself from this request for provisional
measures, in accordance with Article 19(2) of the Statute and Article 19 of the Court’s Rules of Procedure.