RESOLUTION OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
DECEMBER 14, 1992
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF PERÚ
CHIPOCO CASE
HAVING SEEN:
1.
The communication of November 23, 1992, received in its entirety in the
Secretariat of the Court of the following day, by which the Inter-American
Commission on Human Rights (hereinafter "the Commission" or "the Inter-American
Commission") submits to the Inter-American Court of Human Rights (hereinafter
"the Court"), pursuant to Articles 63(2) of the American Convention on Human
Rights (hereinafter "the Convention" or the "American Convention") and 24 of the
Rules of Procedure of the Court (hereinafter "the Rules"), a request for provisional
measures in Case 11.083 which is before the Commission and in regard to Mr. Carlos
Chipoco;
2.
The Commission's communication which asks the Court to require the
Government of Peru (hereinafter "the Government") to take the following provisional
measures:
1.
That it establish as soon as possible the veracity of the allegations contained in
Part I of this request.
2.
If those allegations are found to be true, that it carry out an exhaustive
investigation, specify the acts on which the charge of justification of terrorism is based,
and disclose the evidence against Mr. Chipoco, prior to taking any penal actions against
him.
3.
That, at all stages of the judicial proceedings, it guarantee Mr. Carlos Chipoco
the full exercise of his human rights and, in particular, the right to due process and
personal security, should he be deprived of his personal liberty, and taking into account
the danger to which he would be exposed wherever he might be held.
4.
That it guarantee the right to recur to the American system for the protection of
human rights.
3.
The Commission's petition is based upon the following allegations:
a.
The Inter-American Commission received information according to
which the Government has filed criminal charges against Mr. Carlos Chipoco
before the 43rd Special Prosecutor of Lima for having carried out alleged
"activities in support of subversion in the United States." Cause Nº 136-92 of
the 43rd Criminal Court of Lima was opened as a "criminal proceeding against
a group of Peruvians who reside abroad or who have traveled abroad, for