3
2.
That Article 63.2 of the American Convention provides that, in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons”, the
Court may adopt such provisional measures as it deems pertinent in matters it has
under consideration.
3.
That provisional measures have an exceptional nature and are therefore ordered
having regard to the needs for protection and, once ordered, they must be maintained
while the basic requirements mentioned in the previous considering paragraph exist.
4.
That the changes that have occurred in Peru and the developments in the
Constitutional Court case, in particular, Mrs. Revoredo’s reinstatement as a
Constitutional Court justice, lead this Court to conclude that the circumstances of
“extreme gravity and urgency” and the probability of irreparable damage required by
Article 63.2 of the Convention do not exist and, therefore, the reasons that caused this
Court to order provisional measures in the instant case have terminated.
The
declarations of the Inter-American Commission (supra Having seen 5) that legal
proceedings are still pending do not bear any relation to the purpose of the provisional
measures adopted by the Court on August 14, 2000, in its first operative paragraph;
moreover, they do not constitute circumstances of extreme gravity and urgency that
would warrant maintaining the actual provisional measures.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of the powers conferred upon it by Article 63.2 of the American Convention
on Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To lift the provisional measures ordered by the Inter-American Court of Human
Rights in its order of August 14, 2000, in favor of Delia Revoredo Marsano.
2.
To communicate this order to the State of Peru and to the Inter-American
Commission on Human Rights.
3.
To close the file.
Antônio A. Cançado Trindade
President
Máximo Pacheco Gómez
Alirio Abreu Burelli
Hernán Salgado Pesantes
Sergio García Ramírez