ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 14, 2000
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF PERU
CONSTITUTIONAL COURT CASE
HAVING SEEN:
1.
The communication of April 3, 2000, and its appendices, in which Delia
Revoredo-Marsano-de-Mur (hereinafter “Ms. Revoredo”) submitted to the InterAmerican Court of Human Rights (hereinafter the “Court”) or the “Inter-American
Court”) a request for provisional measures on behalf of her husband, Jaime MurCampoverde, and on her own behalf, in connection with the Constitutional Court
Case before the Court against Peru (hereinafter “Peru” or the “State”), pursuant to
Article 63(2) of the American Convention on Human Rights (hereinafter the
“Convention”) or the “American Convention”) and Article 25 of the Rules of
Procedure of the Court (hereinafter the “Rules of Procedure”).
In this
communication, Ms. Revoredo requested the Court
a.
That while the proceeding on the restitution of the Justices of the Constitutional
Court is being heard, the Peruvian State shall abstain from harassing [her] directly or
harassing [her] husband, by exercising the control and manipulation of judges and
courts.
b.
That, specifically, the judicial proceedings filed against [her] before the
Fifteenth Court specializing in the crimes included in Administrative Resolution N° 744CME-PJ – File N° 1607-2000, for the alleged crimes of misappropriation, fraud and crime
against the authority to attest documents, shall be suspended until the action for
restitution to [her] function of Constitutional Just ice shall have been decided.
c.
That the spouses Delia Revoredo-de-Mur and Jaine Mur-Campoverde shall be
guaranteed their right to the judicial protection of their proprietary interests, allowing
their company, Corporación de Product os Alimenticios Nacionales PYC S.A., the legal
recourse of contesting in court an adverse decision of an arbitrator.
2.
Ms. Revoredo based her request for provisional measures on the following
considerations:
a.
That during the proceeding in which she participated as a member of
the Constitutional Court of her country, where the action on the
unconstitutionality of a law “interpreting” the Constitution of the State, which
allowed the actual President of Peru to be a candidate to a third consecutive
presidential mandate, was examined, three of the seven justices present, who
maintained the unconstitutionality of this “interpretative law” were dismissed
and suffered “all kinds of pressure: offers, threats, harassment.”
b.
That, as far as she is concerned, she may not be tried or convicted due
to her constitutional immunity; therefore, the attacks were focused on her
husband, and a proceeding that had been filed for the alleged smuggling of a
vehicle was reopened. During this period, she and her husband suffered