2
Lima (supra 4) were not an effective means to protect her safety. In its brief
seeking expansion of the measures, the Commission petitioned the Court to order
provisional measures for Mrs. Cardó Guarderas and her children, Mr. Gustavo and
Ms. Margarita del Carmen Cesti Cardó. In the Commission’s view,
[t]he purpose of these provisional measures should be to require that the Peruvian State
provide effective guarantees, conduct a real investigation to identify the authors of the
threats and harassment to which [Mrs. Cardó Guarderas and the Cesti Cardó children]
have been subjected and prevent a recurrence of events similar to or worse than those
described [...]
CONSIDERING:
1.
That under Article 63(2) of the Convention:
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 matters it has under consideration;
2.
That the pertinent part of Article 25 of the Court’s Rules of Procedure provides
that:
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 it deems pertinent,
pursuant to Article 63(2) of the Convention;
3.
That the evidence of the allegations is sufficient to order provisional
measures;
4.
That the Commission has informed the Court that the acts of intimidation and
aggression against Mrs. Cardó Guarderas are part of a pattern of systematic
harassment and are a consequence of the fact that the instant case was brought to
the inter-American system. Documents in the Court’s possession reveal that State
authorities themselves acknowledged the gravity of Mrs. Cardó Guarderas’ situation
(supra, paragraph 4 under Having Seen). Therefore, the evidence shown of the
threats and acts perpetrated against Mrs. Cardó Guarderas are prima facie proof that
her predicament and that of her children is of the extreme gravity and urgency
required to seek provisional measures;
5.
That the Court has the Cesti Hurtado case under consideration and it is the
duty of the Court to avoid irreparable damage to persons; in the instant case, that
means seeing to it that the alleged victim and his family are completely safe (Cf.
Order of the Inter-American Court of Human Rights of September 22, 1995;
Provisional Measures requested by the Inter-American Commission on Human Rights
in the matter of Guatemala, Blake Case; Inter-American Court of Human Rights,
Provisional Measures – Compendium: 1987-1996, Series C No. 1, p. 140, operative
paragraph five), and
6.
That the State, therefore, should be ordered to adopt measures to protect the
wife and children of the alleged victim in the instant case and, thereafter, periodically
check to ensure that the measures adopted are adequate and sufficient.
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,