6
the facts discussed and decided by the Tribunal.” Likewise, it noted that
“[n]otwithstanding the foregoing, [the Commission] will remain vigilant of the
development of this delicate situation at the domestic level.”
CONSIDERING:
1.
That Peru has been a State Party to the American Convention on Human
Rights since July 28, 1978, and that on January 21, 1981 it accepted the contentious
jurisdiction of the Court pursuant to Article 62 of said Convention.
2.
That Article 63(2) of the Convention sets forth that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With regard to a case not yet submitted to the Court, it may act at the
request of the Commission.
3.
That, in relation to this matter, Article 25(1) and 25(2) of the Rules of
Procedure provides that:
1.
At any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request of a party
or on its own motion, order such provisional measures as it deems pertinent, pursuant to Article
63(2) of the Convention.
2.
With regard to matters not yet submitted to it, the Court may act at the request of the
Commission.
3.
In contentious cases already submitted to the Court, the victims or alleged victims, their
next of kin, or their duly accredited representatives, may present a request for provisional
measures directly to the Court.
4.
That in their request for provisional measures, the representatives referred to
different factual conditions, such as: a) physical aggression against persons who
were declared victims in the Judgment of the case of the Miguel Castro-Castro
Prison; b) labor restrictions; c) critical or unfavorable expressions in the media
regarding some of the victims and the Judgment entered in the case; d) the attack
on the monument “The crying eye”, and e) statements about the possible publication
by the State of a list containing the names of 1,800 persons accused or convicted for
the crime of terrorism or treason, and the negative implications that such a measure
would have on the social, family and work life of the victims of the instant case.
5.
That in relation to the acts of physical aggression suffered by three persons
who had been declared victims of the instant case, the Tribunal observes that from
the information furnished by the representatives it appears that the facts took place
on November 11 and 14, 2005, and April 24, 2006. The Court has no further
information or elements showing that said persons suffered other attacks or were
otherwise threatened after April 2006. The Tribunal believes that, regardless of their
alleged gravity, these facts, whether considered separately or within an eventual
context of hostility and aggression, are not recent. Therefore, the Inter-American
Court cannot conclude that they meet the requirement of “urgency” provided for in