Order of the
Inter-American Court of Human Rights
of February 2, 2007
Request for Provisional Measures
Case of Bueno-Alves
HAVING SEEN:
1.
The brief of March 31, 2006, whereby the Inter-American Commission on
Human Rights (hereinafter, “the Commission”) brought charges against the Argentine
Republic (hereinafter, “the State” or “Argentina”) before the Inter-American Court of
Human Rights (hereinafter, “the Court” or “the Tribunal”), regarding the case of
Bueno-Alves.
2.
The communication of July 20, 2006, whereby the alleged victim’s
representative (hereinafter, “the representative”) filed her brief of requests,
arguments and evidence (hereinafter, “the brief of requests and arguments”).
3.
The communication of September 26, 2006, whereby the State filed a brief
containing its answer to the application and its observations to the brief of requests
and arguments (hereinafter, the “answer to the application”).
4.
The Order of the President of the Court (hereinafter, “the President”) of
December 6, 2006, whereby, inter alia, he requested the State and the representative
to send a list of three physicians and a list of three psychiatrists or psychologists so
that he could appoint expert witnesses to prepare reports pursuant to said Order.
Likewise, the President ruled that “all the expenses incurred in the preparation of the
[expert witnesses’] reports will be borne by the State”, as well as the cost of sending
said reports to the Tribunal.
5.
The note of the Court’s Secretariat (hereinafter, “the Secretariat”) of January
10, 2007, whereby the parties were notified of the President’s decision to appoint a
physician and a psychiatrist of those proposed by the State, and a physician and a
psychiatrist of those proposed by the representative to prepare the reports requested
on December 6, 2006 (supra Having seen paragraph 4).
6.
The communication of January 22, 2007 and its appendix, whereby the
representative informed, inter alia, that she had been the one who had notified the
expert witnesses appointed by the President pursuant to the Order of December 6,
2006 (supra Having seen paragraph 4) and the Secretariat’s note of January 10, 2007
(supra Having seen paragraph 5). Furthermore, the representative remarked that she
had been the one who had taken delivery of the report (affidavit) prepared by said
expert witnesses, the original versions of which she would send to this Court. Finally,
she requested that provisional measures be adopted, in light of the alleged “situation
of fear, ten[s]ion, anguish and uncertainty [caused] by [the] harassment inflicted on
them by the State”. To support this argument, the representative recounted facts
which gave expression to concerns stated by one of the expert witnesses of the case,
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