3 Court on December 9, the Permanent Mission of Peru to the Organization of American States informs the Commission that the Prosecutor has not brought a penal action against Mr. Chipoco, but merely has requested the identification of a person known as Carlos Chipoco on the Voting Rolls [and that the Ministry of Foreign Relations will send] a copy of the charge prepared by the Prosecutor and of the Order opening the investigation, which do not mention Mr. Carlos Chipoco except for the purpose of identification. WHEREAS: 1. Peru has been a State Party to the American Convention since July 28, 1978, and accepted the obligatory jurisdiction of the Court, pursuant to Article 62 of the Convention on January 1, 1981; 2. Article 63(2) of the Convention provides that in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, at the request of the Commission, adopt such provisional measures as it deems pertinent with respect to a case not yet submitted to it; 3. Article 24(4) of the Rules provides that If the Court is not sitting, the President shall convoke it immediately. Pending the meeting of the Court, the President, in consultation with the Permanent Commission and, if possible, with the other judges, shall call upon the government concerned to adopt the necessary urgent measures and to act so as to permit any provisional measures subsequently ordered by the Court to have the requisite effect. 4. In matters before the Commission which, therefore, have not yet been submitted to the Court, the provisional measures the Court may order at the request of the Commission, pursuant to Articles 63(2) of the Convention and 24(4) of its Rules, as well as the urgent measures the President may take in consultation with the judges, should be considered exceptional in nature and not a normal exercise of the competency of the Court and its President; 5. Therefore, after opening a case and ascertaining the truth of the allegations, though in preliminary fashion, and additionally, after adopting the measures established in Article 29 of its Regulations, the Commission must present to the Court, and when it is not in session, to its President, clear evidence of the existence of a matter of extreme urgency as required by those documents, and of the need to adopt the necessary measures to avoid grave or irreparable harm to the persons to be protected; 6. Having carefully studied the Commission's request and the accompanying documents, and not the Government's report to the Commission that charges have not yet been filed against Mr. Carlos Chipoco, the President finds in the instant case that the conditions do not now exist which would require the Government to adopt urgent measures of a provisional nature, and that, in any case, whether the provisional measures request by the Commission are justified should be determined by the Court in plenary, after studying the situation; 7. Therefore, the President shall submit the Commission's request to the Court at its next regular period of sessions beginning on January 25, 1993, so the Court may adopt the pertinent decision. THEREFORE: