and e) reported on the appointment of Cesar Manuel Saldaña Ramírez, Mr. Ramírez
Hinostroza’s lawyer, as provisional judge of the Provincial Court of Chupaca-Junín.
3.
The briefs submitted between January 22, 2010, and July 8, 2011, and their
attachments, in which the State addressed: a) the measures of protection adopted
with regard to the beneficiaries; b) the information submitted by the representatives
in compliance with the Tribunal’s request in its last order, and regarding alleged new
facts suffered by Mr. Ramírez Hinostroza; (c) the investigation into the facts that led
to the adoption of the provisional measures; (d) the investigations against Mr.
Ramírez Hinostroza, and (e) alleged illegal acts committed by Mr. Ramírez
Hinostroza. Peru asked that the provisional measures be lifted.
4.
The briefs submitted between May 7, 2010, and August 8, 2011, in which the
Inter-American Commission on Human Rights (hereinafter “the Inter-American
Commission” or “the Commission”) forwarded its observations on the information
provided by the representatives and by the State.
CONSIDERING THAT:
1.
Peru ratified the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) on July 28, 1978, and pursuant to Article
62 of the Convention, recognized the compulsory jurisdiction of the Court on January
21, 1981.
2.
Article 63(2) of the Convention establishes that, in “cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons,” the
Court may, in matters not yet submitted for its consideration, and at the request of
the Commission, order the provisional measures that it deems pertinent. This
provision is, in turn, regulated in Article 27 of the Court’s Rules of Procedure.1
3.
The provisions of Article 63(2) of the Convention confer an obligatory nature
on the State’s adoption of the provisional measures that this Court orders it to take,
as the basic principle of international law, supported by international case law,
indicates that States must comply with their treaty obligations in good faith (pacta
sunt servanda).2
4.
Under international human rights law, provisional measures are not merely
preventive in that they preserve a juridical situation, but rather they are essentially
protective, since they protect human rights, inasmuch as they seek to avoid
irreparable harm to persons. The measures are applicable provided that the basic
requirements of extreme gravity and urgency and the prevention of irreparable harm
to persons are met. In this way, provisional measures become a real jurisdictional
guarantee of a preventive nature.3
1
Rules of Procedure passed in the LXXXV Ordinary Period of Sessions held on November 16-28,
2009.
2
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of June 14, 1998, 19, Considering six, and Matter of Haitians and
Dominicans of Haitian Origin in the Dominican Republic. Provisional Measures regarding the Dominican
Republic. Order of the Inter-American Court of Human Rights of December 1, 2011, Considering 3.
3
Cf. Case of the Newspaper “La Nación.” Provisional Measures regarding Costa Rica. Order of the
Inter-American Court of Human Rights of September 7, 2001, 19, Considering 4, and Matter of Haitians
2