6 the prevention of irreparable damage to persons are met. Thus, provisional measures become a true preventive jurisdictional guarantee.2 * 7. That the Court, in its Order of May 7, 2004 (supra Having Seen clause No. 1) requested the State, inter alia, to adopt such measures as may be necessary to protect the life and physical integrity of the members of the Gómez-Paquiyauri family who gave testimony before the Court, namely, Ricardo Samuel Gómez-Quispe, Marcelina Paquiyauri-Illanes de Gómez, Lucy Rosa Gómez-Paquiyauri, Miguel Ángel GómezPaquiyauri, and Jacinta Peralta-Allccarima, and those who are in Peru, to wit: Ricardo Emilio, Carlos Pedro, and Marcelina Haydée Gómez-Paquiyauri; and the minor Nora Emely Gómez-Peralta, as well as Ángel del Rosario Vásquez-Chumo and his next of kin. 8. That the members of the Gómez-Paquiyauri family declined to request the State the protection of police guardianship as they considered that the implementation of provisional measures required a commitment by the State to complying with the negative duty “not to interfere with the rights of the family to their integrity, to life, and to peace in their home” (supra Having Seen clause No. 5(a)(i)). 9. That the Court does not deem it relevant to render judgment on the proceedings for libel started by the Gómez-Paquiyauri family against the “Expreso” private newspaper, as in accordance with the object of these provisional measures, it is not incumbent upon the Court to take a decision on the foregoing. 10. That the State informed that a report was requested to the Instituto Penitenciario (Penitentiary Institute) on the event occurred during the visit made by Miguel Ángel Gómez-Paquiyauri on January 16, 2005 to his brother Ricardo GómezPaquiyauri at the “Castro Castro” prison, during which the security agents of said prison withheld the copies of the Judgment rendered by the Court which Miguel Ángel Gómez-Paquiyauri was taking to his brother. Notwithstanding, the State has not submitted any additional information about the report requested to the Instituto Penitenciario (Penitentiary Institute), which is essential to assess the effective compliance with the protection measures ordered by the Court. 11. That although the State has not borne the costs of medical treatment for the alleged physical and psychological harm suffered by Ricardo Emilio Gómez-Paquiyauri during the eleven years he was in prison (supra Having Seen clauses No. 5(a)(iv) and 6(a)(i)), pursuant to the object of these provisional measures, it is not incumbent upon the Court to render judgment on the foregoing. 12. That though Ricardo Gómez-Quispe alleged that he did not receive adequate medical care by the Peruvian institution ESSALUD after the accident he had on August 7, 2005 (supra Having Seen clause No. 5(a)(v)), pursuant to the object of these provisional measures it is not incumbent upon the Court to render judgment on the foregoing. 2 Cf. Matter of the persons imprisoned in the “Dr. Sebastião Martins Silveira” Penitentiary in Araraquara, São Paulo. Provisional Measures. Order of the Inter-American Court of Human Rights of July 28, 2006, Considering clause No. 5; Matter of Millacura Llaipén et al. Provisional Measures. Order of the InterAmerican court of Human Rights of July 6, 2006, Considering clause No. 5; and Matter of Mery Naranjo et al. Provisional Measures. Order of the Inter-American Court of Human Rights of July 5, 2006, Considering clause No. 5.

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