[…]
AND DECIDE[D]:
1.
To require the State to forward the information requested by the Inter-American
Court of Human Rights (supra seventh considering paragraph), by May 25, 2012, at
the latest.
CONSIDERING THAT:
1.
Peru ratified the American Convention on Human Rights (hereinafter also “the
American Convention” or “the Convention”) on July 28, 1978, and, in accordance with
its Article 62, accepted the binding jurisdiction of the Court on January 21, 1981.
2.
Article 63(2) of the American Convention stipulates that in “cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,” the
Court may, in matters not yet submitted to its consideration, at the request of the
Commission, order the provisional measures that it deems pertinent. This provision is,
in turn, regulated in Article 27 of the Court’s Rules of Procedure.
3.
Article 63(2) of the Convention requires that, for the Court to be able to order
provisional measures, three conditions must concur: (i) “extreme gravity”; (ii)
“urgency” and (iii) that the purpose is to “avoid irreparable damage to persons.” These
three conditions must coexist and be present in any situation in which the Court is
asked to intervene. In the same way, these three conditions must persist for the Court
to maintain the protection ordered. If one of them has ceased to be valid, the Court
must assess the pertinence of continuing the protection ordered. 1
4.
The Court has indicated that provisional measures have two aspects: one
preventive and the other protective. 2 The preventive aspect of provisional measures is
related to the framework of international litigations. In this regard, these measures are
designed to preserve the rights that are possibly at risk until the dispute has been
decided. Their object and purpose are to ensure the integrity and effectiveness of the
decision on merits and, in this way, avoid harm to the rights in dispute, a situation that
could neutralize the practical effects of the final decision or render them useless. Thus,
provisional measures permit the State concerned to comply with the final decision and,
as appropriate, proceed to make the reparations ordered. 3 Regarding the protective
aspect of provisional measures, this Court has indicated that provisional measures
become a real jurisdictional guarantee of a preventive nature because they protect
human rights to the extent that they seek to avoid irreparable harm to persons. 4
1
Cf. Case of Carpio Nicolle. Provisional measures with regard to Guatemala. Order of the Court of
July 6, 2009, fourteenth considering paragraph, and Matter of González Medina and family. Provisional
measures with regard to Dominican Republic. Order of the Court of June 21, 2012, second considering
paragraph.
2
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper). Provisional measures with regard
to Costa Rica. Order of the Court of September 7, 2001, fourth considering paragraph, and Matter of
Martínez Martínez et al. Request for provisional measures with regard to Mexico. Order of the Court of March
1, 2012, fourth considering paragraph.
3
Cf. Matter of El Rodeo I and El Rodeo II Capital Detention Center. Provisional measures with regard
to Venezuela. Order of the Court of February 8, 2008, seventh considering paragraph, and Matter of
Martínez Martínez et al., supra note 2, fourth considering paragraph.
4
Cf. Case of Herrera Ulloa v. Costa Rica (“La Nación” Newspaper). supra note 4, fourth considering
paragraph, and Matter of Martínez Martínez et al., supra note 2, fourth considering paragraph.
3