ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 25, 2011∗
REQUEST FOR ADOPTION OF PROVISIONAL MEASURES
CASE OF DE LA CRUZ FLORES v. PERU
HAVING SEEN:
1.
The judgment on merits, reparations and costs (hereinafter “the judgment”)
delivered in this case by the Inter-American Court of Human Rights (hereinafter
“the Inter-American Court” or “the Court”) on November 18, 2004.
2.
The orders of the Inter-American Court of November 23, 2007, and
September 1, 2010, on monitoring compliance with judgment in this case.
3.
The brief of January 6, 2011, in which the representative of María Teresa
De La Cruz (hereinafter “the representative”) submitted a request for provisional
measures under Articles 63(2) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention) and Article 27 of the
Rules of Procedure of the Court1 (hereinafter “the Rules of Procedure”). The
purpose of the request was for the State of Peru (hereinafter “the State” or “Peru”)
to “annul all the measures ordered by its judicial, police and administrative bodies
to execute the judgment of the Supreme Court of Peru” of November 23, 2009,
“that are intended to have adverse affects on” Mrs. De La Cruz Flores, “including,
the national and international order to arrest and detain her.” On January 27 2011,
the representative presented complementary information concerning this request
and on February 11, 2011, withdrew it.”
4.
The communications of January 25 and February 4 and 11, 2011, in which
the State forwarded its observations on the request for provisional measures
submitted by the representative.
5.
The briefs of January 21 and February 7 and 15, 2011, in which the InterAmerican Commission on Human Rights (hereinafter “the Commission” or “the
Inter-American Commission”) presented its observations on the request for
provisional measures submitted by the representative.
CONSIDERING THAT:
1.
Peru has been a State Party to the American Convention since July 28, 1978,
and accepted the compulsory 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 shall adopt such provisional measures as it deems pertinent in
∗
Judge Diego García-Sayán, a Peruvian national, has recused himself from hearing the
monitoring of compliance in this case, in accordance with Articles 19(2) of the Statute and 19 of the
Court’s Rules of Procedure.
1
Rules of Procedure of the Court approved at its eighty-fifth regular session held from November
16 to 28, 2009.