DECISION OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
JANUARY 27, 1993
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF PERÚ
CHIPOCO CASE
The Inter-American Court of Human Rights, composed of the following judges:
Héctor Fix-Zamudio, President
Sonia Picado-Sotela, Vice President
Rafael Nieto-Navia, Judge
Alejandro Montiel-Argüello, Judge
Hernán Salgado-Pesantes, Judge
Asdrúbal Aguiar-Aranguren, Judge
also present,
Manuel E. Ventura-Robles, Secretary, and
Ana María Reina, Deputy Secretary
adopts the following Decision:
1.
On November 23, 1992, pursuant to Articles 63(2) of the American
Convention on Human Rights (hereinafter "the Convention" or "the American
Convention") and 24 of the Rules of Procedure (hereinafter "the Rules") of the InterAmerican Court of Human Rights (hereinafter "the Court"), the Inter-American
Commission on Human Rights (hereinafter "the Commission" or "the Inter-American
Commission") submitted to the Court a request for provisional measures in Case
11.083 which is before the Commission and concerns Mr. Carlos Chipoco.
2.
According to that communication, the Government of Perú has filed criminal
charges against Mr. Carlos Chipoco before the 43rd Special Prosecutor of Lima for
alleged "activities in support of subversion in the United States." Cause Nº 136-92 of
the 43rd Criminal Court of Lima was opened as a "criminal proceedings against a
group of Peruvians who reside or have traveled abroad, for allegedly committing the
crime of justification of terrorism against the state." This cause was filed on the basis
of a report of the Servicio de Inteligencia Nacional (National Intelligence Service)
which mentions the names of several persons and institutions allegedly involved in
"activities in support of subversion in the United States," among them Mr. Carlos
Chipoco. The charges are founded upon various acts committed abroad such as
"maintaining contacts with human rights organizations, with false information, in
which they denigrate the Armed Forces and the Police and other State institutions
related to the struggle against subversion." This report was adopted by the General