4
1.
To call upon the State to adopt immediately all necessary measures to ensure
effectively the physical, psychological and moral integrity of Delia Revoredo-Marsano-deMur, petitioner in the Constitutional Court Case under consideration by the Court, in
order that any provisional measures that the Inter-American Court of Human Rights may
decide to order shall have the pertinent effects.
2.
To call upon de State and the Inter-American Commission on Human Rights to
provide detailed information on the situation of Delia Revoredo-Marsano-de-Mur, at the
latest by April 25, 2000, so that the Inter-American Court of Human Rights may take a
decision in this respect in due course.
3.
To call upon the State to present to the Court a report on the measures taken
pursuant to resolutory point 1 of the present Order, at the latest by April 25, 2000, so
that it may inform the members of the Court during the next period of sessions, and to
continue providing information on these once every six weeks.
4.
To call upon the Inter-American Commission on Human Rights to present its
observations on the reports submitted by the State, within thirty days of having been
notified that these have been received.
4.
The brief of the Commission of April 20, 2000, whereby it requested the Court
to “ratify the [urgent] measures rendered by the President of the Court on April 7,
2000, on behalf of Ms. Delia Revoredo-Marsano-de-Mur.”
5.
The failure of the State to submit the reports provided for in operative
paragraphs 2 and 3 of the Order of the President of the Court of April 7, 2000, both,
within the period granted, and thereafter.
CONSIDERING:
1.
That Peru is a State Party to the American Convention since July 28, 1978,
and that it recognized the jurisdiction of the Court on January 21, 1981.
2.
That Article 63(2) of the American Convention establishes that “In cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court” may, “in matters it has under consideration,” “adopt such
provisional measures as it deems pertinent.”
3.
That, according to Article 25(1) of the Rules of Procedure of the Court,
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 as it deems pertinent,
pursuant to Article 63(2) of the Convention.
4.
That Article 1(1) of the Convention establishes the obligation that the State
Parties have to respect the rights and freedoms recognized in that covenant, and to
ensure the free and full exercise thereof to all persons subject to their jurisdiction.
5.
That the Order of the President of April 7, 2000, was adopted according to
law and is consistent with the merits of the facts and circumstances that justified the
adoption of urgent measures, and that this Court ratifies it in every respect.
6.
That the Commission has asked this Court to maintain the provisional
measures in the instant case, because “the extreme gravity and urgency of the
situation have become evident in the account of the facts.”