4
5.
Article 1(1) of the Convention provides for the duty of States Party to respect
the rights and freedoms recognized in this treaty and to guarantee their free and full
exercise to all persons subject to its jurisdiction.
6.
The Court is empowered to adopt provisional measures related to cases of
extreme seriousness and urgency in order to prevent irreparable harm to people
(Article 63(2) of the Convention). This implies, in the present case, with regards to
the request contained under Having Seen clause 1, to look after the personal
integrity of Ms. Loayza-Tamayo.
7.
The information submitted in this case shows prima facie a threat to the
integrity of Ms. Loayza-Tamayo. The standard of prima facie of a case and the
application of the assumptions before the needs of protection, have led this Court to
order provisional measures on several occasions (cf. inter alia, Ivcher Bronstein
Case. Provisional Measures. Decision of the Inter-American Court of Human Rights
of November 23, 2000, fifth considering clause; Case of the Community of Paz de
San José de Apartadó. Provisional Measures. Decision of the President of the Court
of Human Rights of October 9, 2000, fourth considering clause; Case of the Haitians
and Haitian-Origin Dominicans in the Dominican Republic. Provisional Measures.
Decision of the Inter-American Court of Human Rights of August 18, 2000, fifth and
ninth considering clauses; Case of the Constitutional Court. Provisional Measures.
Decision of the President of the Inter-American Court of Human Rights of April 7,
2000. Series E No.2, seventh considering clause; Digna Ochoa and Plácido et al.
Case. Provisional Measures. Decision of the Inter-American Court of Human Rights of
November 17, 1999. Series E No.2, fifth considering clause; Cesti Hurtado Case.
Provisional Measures. Decision of the Inter-American Court of Human Rights of June
3, 1999, Series E No. 2, fourth considering clause; James et al. Case. Provisional
Measures. Decision of the Inter-American Court of Human Rights of May 27, 1999.
Series E No.2, eighth considering clause; Clemente Teherán Case. Provisional
Measures. Decision of the Inter-American Court of Human Rights of June 19, 1998.
Series E No.2, fifth considering clause; Alvarez at al. Case. Provisional Measures.
Decision of the President of the Inter-American Court of Human Rights of July 22,
1997. Series E No.2, fifth considering clause; Blake Case. Provisional Measures.
Decision of the President of the Inter-American Court of Human Rights of August 16,
1995. Series E No.1, fourth considering clause; Carpio Nicolle Case. Provisional
Measures. Decision of the President of the Inter-American Court of Human Rights of
July 26, 1995. Series E No.1, fourth considering clause; Carpio Nicolle Case.
Provisional Measures. Decision of the President of the Inter-American Court of
Human Rights of June 4, 1995. Series E No.1, fifth considering clause; Caballero
Delgado y Santana Case. Provisional Measures. Decision of the Inter-American
Court of Human Rights of December 7, 1994. Series E No.1, third considering clause;
and Colotenango Case. Provisional Measures. Decision of the Inter-American Court
of Human Rights of June 22, 1994. Series E No.1, fifth considering clause).
8.
In its jurisprudence, this Court has protected, by adopting provisional
measures, witnesses that have rendered their statements to the Court (cf. inter alia,
Bámaca Velásquez Case. Provisional Measures. Decision of the Inter-American Court
of Human Rights of August 29, 1998. Series E No.2; Bámaca Velásquez Case.
Provisional Measures. Decision of the President of the Inter-American Court of
Human Rights of June 30, 1998. Series E No.2; Blake Case. Provisional Measures.
Decision of the Inter-American Court of Human Rights of April 18, 1997. Series E
No.2; Blake Case. Provisional Measures. Decision of the Inter-American Court of