-3to Mr. Luis Alberto Ramírez-Hinostroza’s life and the undersigned’s integrity in their capacity
of attorneys, the Court should forthwith adopt the provisional measures it deems effective in
favor of Mr. Luis Alberto Ramírez-Hinostroza, his next of kin and his ad honorem legal
representatives.” The other brief, dated May 16, 2007, is signed by Mr. Samuel FernándezGómez and refers to an increase in the threats against Ramírez-Hinostroza after the
commencement of the trial against Luis Pérez-Documet; it further includes a request to
order the State to implement effective and reinforcing security measures to protect” Mr.
Ramírez-Hinostroza and his next of kin.
CONSIDERING:
1.
That the State of Peru has been a State Party to the American Convention on Human
Rights since July 28, 1978, and accepted the contentious jurisdiction of the Court on
January 21, 1981.
2.
Article 1(1) of the Convention prescribes that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court may, in cases not yet submitted to its consideration, adopt such provisional
measures as it deems pertinent. With regard to matters not yet submitted to it, the Court may
act at the request of the Commission.
3.
That, in relation to this matter, Article 25 of the Rules of Procedure of the Court
provides that:
1.
At any stage of the proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, at the request of a party or on
its own motion, order such provisional measures as it deems pertinent, pursuant to Article 63(2)
of the Convention.
2.
With regard to matters not yet submitted to it, the Court may act at the request of the
Commission.
[…]
4.
That Article 1(1) of the Convention provides for the State Parties’ general obligation
to respect the rights and freedoms contained therein, and to ensure to all persons subject to
their jurisdiction the free and full exercise of those rights and freedoms. In furtherance of
this obligation, any State Party has the erga omnes obligation of protecting all the persons
subject to its jurisdiction. Said obligations become more evident in relation to proceedings
carried out before oversight entities acting under the American Convention.1
Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison). Provisional
Measures. Order of the Inter-American Court of Human Rights of February 2, 2007, Considering Clause No. 5;
Matter of Pueblo Indígena de Kankuamo. Provisional Measures. Order of the Inter-American Court of Human Rights
of January 30, 2007, Considering Clause No. 4; and Matter of Yare I and Yare II Capital Region Penitentiary Center.
1
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