ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JANUARY 27, 1993
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF PERÚ
PERUVIAN PRISONS 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 25, 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 Cases
11.015 and 11.048 which are before the Commission and concern the grave
situation in the Peruvian prisons of Miguel Castro Castro and Santa Mónica in Lima,
Cristo Rey in Ica and Yanamayo in Puno.
2.
The Commission's petition is founded upon its President's request to the
Government of Perú on August 18, 1992, pursuant to Article 29 of the Commission's
Regulations, for the adoption of provisional measures "in relation to those persons
deprived of their liberty for allegedly committing terrorist acts." Moreover, the
President of the Commission stated that if the necessary measures were not adopted
within 10 days, "the request for provisional measures might be presented to the
Inter-American Court."
3.
The facts the Commission considered in requiring the Government to adopt
precautionary measures, and subsequently in asking the court for provisional
measures, are the existence of "credible evidence of a grave situation in the
Peruvian prisons" Miguel Castro Castro, Santa Mónica, Cristo Rey and Yanamayo,
which poses "an immediate danger to the right to integrity of the person of those