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join the association because the entity considered that the applicant did not
meet the requirements set forth by its Code of Professional Ethics, which
establishes “the duty of those who practise or intend to practise the
profession to protect human rights, to contribute to the well-being of
humanity [, among others]”;
d) violent acts. They highlighted that the above-mentioned acts and the
presidential statements have occurred in “a context of violence and
harassment which has existed ever since the Inter-American system bodies
began to hear the merits of the case of the Miguel Castro-Castro Prison.”
They pointed out that several acts of physical violence against victims and
witnesses of the case were registered in 2005 and 2006. They held that on
November 11, 2005, a person was “almost run over” by a vehicle; that on
November 14, 2005, another person was forced to get on a vehicle, severely
beaten, insulted and thrown out of the vehicle; and that, lastly, on April 24,
2006, a person was attacked when leaving their house by two people who
were allegedly monitoring the residence;
e) other facts. They highlighted that after the Inter-American Court delivered
its Judgment, pronouncements were made “against its letter and spirit” by
the government representatives and private individuals, as well as
discrediting statements about the victims of the case. Under these
circumstances of “public hostility”, an attack on the monument “The crying
eye” was reported on September 23, 2007, and it was informed that certain
personalities of the Peruvian political life, among them a former presidential
candidate, had allegedly pronounced themselves “openly in favor of the
attack”;
f) they pointed out that the victims of the case of the Miguel Castro-Castro
Prison “are in a situation which seriously endangers their [physical and
psychological] integrity and their personal security; [which situation] has
worsened since the presidential announcement regarding the publication of
the list of ‘released’ persons.” The representatives expressed that the
adoption of measures is urgent “not only in order to avoid future attacks or
acts of harassment, but also to avoid the publication of the names and
photographs of [those they represent] amidst a growing and threatening
campaign of constant criticism that imperils their rights”;
g) based on these arguments, the representatives requested the Tribunal to
order the State of Peru: i) “[t]o immediately adopt such measures as may be
necessary to safeguard and protect the life, personal integrity and honor [of
those they represent]”; ii) “to refrain from publishing, through any means
whatsoever, their names and photographs”; iii) “to refrain from taking or
promoting any actions which could endanger the personal integrity, security
and honor of the persons included in this request”; and iv) “[t]o take all
necessary measures to investigate, and, if appropriate, to punish the acts
involving threats or intimidation which have been or could be targeted at
[their] clients”; and
h) alternatively, should the Tribunal consider that the requirements
established by the American Convention for the adoption of provisional
measures are not met, the representatives argued that the publication of the