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accused and sentenced for terrorism because of the poor conditions in which they
are imprisoned." The Commission has received information that in those prisons
there is a "high incidence of diseases," loss of weight, overcrowding, isolation, and
psychological and emotional problems among male and female prisoners. When the
prisoners are transferred to those prisons, some of which are in very cold zones,
they are "mistreated, insulted, humiliated," although some of them are wounded and
only have their "worn" summer clothing. Neither can the prisoners receive the visits
of their relatives with the implications that conveys. The International Committee of
the Red Cross is not currently authorized to inspect those prisons. All the above
lends a grave and urgent nature to the situation described.
4.
On December 4, 1992, the Secretariat of the Commission sent additional
documentation containing a complaint which caused the Commission to note
as may be gathered from the communication, a situation may be developing which could
result in the violation of the rights of the women prisoners in the Santa Mónica Prison of
Chorrillos, and if true, would increase the seriousness and urgency of the situation being
considered by the Members of the Court.
5.
In exercise of his authority under Article 24(4) of the Rules, the President of
the Court (hereinafter "the President") handed down an Order on December 14,
1992, which contains the following Decision:
1.
Based upon the foregoing considerations, it is not appropriate at this time to
ask the Government of Perú to take urgent provisional measures.
2.
To submit the request presented by the Inter-American Commission to the
Court at its next regular period of sessions, so it may adopt the appropriate measures
pursuant to Article 63(2) of the Convention.
The Order was made known to the Commission and the Government.
WHEREAS:
1.
By Order of December 14, 1992, the President decided not to adopt urgent
measures, the Court shall now determine whether provisional measures are
appropriate under Articles 63(2) of the Convention and Article 24(2) of its Rules.
2.
The instant case concerns a matter which is not presently before the Court,
but rather before the Commission, and the latter has not submitted information to
the Court sufficient to support the adoption of such measures, which requires the
Commission to have gathered preliminary evidence to support a presumption of the
truth of the allegations and of a situation whose seriousness and urgency could
cause irreparable harm to persons.
3.
Therefore, it is inappropriate at this time for the Court to adopt the
provisional measures requested by the Commission, but it does ask the Commission
to invoke its powers under the Convention, its Statute and its Regulations, to obtain
the evidence or carry out the investigations needed to determine the truth of the
allegations.
THEREFORE: