ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 22, 2006•
PROVISIONAL MEASURES REGARDING PERU
MATTER OF THE GÓMEZ-PAQUIYAURI BROTHERS
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court” or “the Court”) of May 7, 2004, whereby it decided, inter alia:
1.
To request the State to ado[pt] forthwith such measures as may be necessary to
protect the life and physical integrity of the members of the Gómez-Paquiyauri family who
gave testimony before the Court, namely, Ricardo Samuel Gómez-Quispe, Marcelina
Paquiyauri-Illanes de Gómez, Lucy Rosa Gómez-Paquiyauri, Miguel Ángel GómezPaquiyauri, and Jacinta Peralta-Allccarima, as well as those who are in Peru, to wit: Ricardo
Emilio, Carlos Pedro, and Marcelina Haydée Gómez-Paquiyauri; and the minor Nora Emely
Gómez-Peralta.
2.
To request the State to ado[pt] forthwith such measures as may be necessary to
protect the life and physical integrity of Ángel del Rosario Vásquez-Chumo and his next of
kin.
3.
To request the State to allo[w] the beneficiaries of [the] provisional measures to
take part in the planning and implementation thereof and, in general, to kee[p] them
informed about the progress regarding the compliance with the measures ordered by the
Inter-American Court of Human Rights.
2.
The communication submitted by the State of Peru (hereinafter “the State” or
“Peru” on May 12, 2004, whereby it requested a clarification regarding the Order of the
Court of May 7, 2004 (supra Having Seen clause No. 1).
3.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) CDHS/543 of May 20, 2004, whereby, on instructions from the President of the Court, it
informed the State that:
a)
“it is the duty of the States to adopt such security measures as may be
necessary to protect the persons who are under the jurisdiction thereof […];”
and
b)
“the State may communicate the protection measures it shall afford to
guarantee the physical integrity of the beneficiaries thereof so that their
•
Judge Oliver Jackman did not take part in the deliberation and passing of this Order as he informed
that, for reasons beyond his control, he would not be able to attend the Seventy-second Regular Session of
the Court. Judge Diego García-Sayán, a Peruvian national, declined to hear the instant case pursuant to
Articles 19(2) of the Statute of the Court and 19 of its Rules of Procedure.
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