ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 28, 1996
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF ECUADOR
SUÁREZ ROSERO CASE
HAVING SEEN:
1.
The petition of March 15, 1996 and its annexes, in which the Inter-American
Commission on Human Rights (hereinafter "the Commission" or "the Inter-American
Commission"), pursuant to Article 63(2) of the American Convention on Human
rights (hereinafter "the Convention" or "the American Convention") and Article 24 of
the Rules of Procedure of the Court (hereinafter "the Rules of Procedure"), submitted
to the Inter-American Court of Human Rights (hereinafter "the Court" or "the InterAmerican Court") a request for provisional measures in regard to the Suárez-Rosero
Case now under consideration by the Court. In that petition the Commission
requested the Court to order the provisional measures necessary to preserve the
physical and moral integrity of Mr. Rafael Iván Suárez-Rosero, claimant and alleged
victim in that case.
2.
The basis of the Commission's request, that there was reason to fear for the
physical and moral safety and integrity of Mr. Suárez-Rosero, who was detained at
the time in connection with a judicial process.
3.
The Order of April 12, 1996, issued by the President of the Court in exercise
of the authority conferred on him under Article 24(4) of the Rules of Procedure and
in consultation with the other judges of the Court, who submitted their observations
in writing. In that order, the President decided:
1.
To request that the Government of the Republic of Ecuador adopt forthwith such
measures as are necessary to effectively ensure the physical and moral integrity of Mr.
Rafael Iván Suárez-Rosero, so that any provisional measures that the Inter-American
Court may take can have the requisite effect.
2.
To request that the Government of the Republic of Ecuador submit a report to
the President of the Court every thirty days from the date of this Order, on the measures
taken pursuant to this Order, so as to bring the information to the attention of the Court.
That Order of the President was based on the following considerations:
4.
That in the instant case, which has been submitted to this Tribunal, the InterAmerican Commission requests that the Court seek from Ecuador such provisional
measures as are "necessary to ensure that Mr. Iván Suárez-Rosero is immediately
released pending continuation of the procedures."
5.
That the situation of Mr. Suárez-Rosero, as stated by the Commission, may be
categorized as extremely grave, inasmuch as it may cause him irreparable damage
since, as the Commission stated, "he has been held in preventive detention for a longer
period than he would have served had he been tried and convicted."