3
different criminal centers” of Peru, without allowing “access […] to the next of kin
[and] attorneys.”
7.
On the days of June 12, July 9, August 10, 12, and 21 of 1992, August 17,
2000, January 23, and February 7, 2001, and May 31, 2001 the Commission
forwarded additional information regarding the case to the State. This information
referred, inter alia, to the mistreatment, “torture”, “searches”, and “isolation” to
which the alleged victims of the facts of the Miguel Castro Castro Prison were
supposedly submitted, after May 9, 1992 and during the transfer of the inmates to
other criminal centers of Peru. Likewise, it referred to the alleged “infrahuman”
conditions in which the alleged victims were kept in the centers to which they were
transferred. Similarly, it informed of the State’s “harassment” against the next of kin
of the alleged victims.
8.
On August 18, 1992 the Commission requested that the State adopt
precautionary measures with regard to the facts occurred in the Miguel Castro Castro
Prison, pursuant to that established in Article 29 of the Rules of Procedure of the
Commission. Among the measures requested were the authorization of “visits from
the inmates’ next of kin and attorneys”, and the entry of “food and medicines”.
Likewise, the State was asked to offer “medical attention” to those who required it
and to forward to the Commission “the official list of […] those dead and missing as
of the facts [of the] Criminal Center ‘Miguel Castro Castro’.”
9.
On September 11, 1992 the State presented a brief, through which it
forwarded information “regarding the measures adopted in relation to the request
made by the Commission” in what referred to “the ‘events’ occurred as of May 6[,
1992]” in the Miguel Castro Castro Prison.” On October 21 1992 the State presented
a brief and appendixes, through which it forwarded the report prepared by the Public
Prosecutors’ Office of the Nation of Peru regarding the events occurred “in the
criminal center Castro Castro on May 6[, 1992].”
10.
On November 9, 1992 the State presented a brief and appendixes, through
which it forwarded the report prepared by the Public Prosecutors’ Office of the Nation
regarding the additional information that was sent to it (supra para. 7).
11.
On November 25, 1992 the Commission presented a brief and its appendixes
to the Tribunal, through which it forwarded a request for provisional measures in
relation to cases 11,015 and 11,048 being processed before the Commission, on the
gross situation of the Peruvian criminal centers Miguel Castro Castro and Santa
Mónica in Lima, Cristo Rey in Ica, and Yanamayo in Puno.
12.
On December 14, 1992 the President of the Court (hereinafter “the
President”) issued a Ruling, through which he decided “[t]hat for now the request
[…] of urgent measures of a preliminary nature […] did not proceed” and it decided
to “[s]ubmit to the Court the request presented by the Inter-American Commission
in its next regular session.”
13.
On January 27, 1993 the Tribunal issued a Ruling with regard to the request
for provisional measures made by the Commission (supra para. 11), through which it
decided “[n]ot to issue, for now, the provisional measures […] requested.” Likewise,
the Court considered it was necessary to “[r]equest that [the Commission] in the
exercise of the attributions conferred to it by he Convention, the Statute, and the