5
14.
That Ángel del Rosario Vásquez Chumo was a direct witness of the Case of
Gómez Paquiyauri (supra fourth and fifth having seen paragraphs), and this situation
has resulted in his allegedly being subject to threats and other intimidating acts, and
has also caused him to fear that these acts may continue against himself and his
family. Moreover, from his statements, it can be inferred that he, or the members of
his family, may be subject to reprisals as a result of his statements before this
Court.
15.
That the statements of the witness, Ángel del Rosario Vásquez Chumo, reveal
prima facie the possible existence of a situation of extreme gravity and urgency and
make it necessary to avoid irreparable damage to the right to life and personal
safety of Ángel del Rosario Vásquez Chumo and his family.
16.
That the standard of prima facie assessment of a case and the application of
assumptions in the face of the need to provide protection, have led the Court to
order provisional measures on several occasions.7
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in exercise of the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To calls upon the State to adopt forthwith all necessary measures to protect
the life and safety of the members of the Gómez Paquiyauri family who made
statements before the Court, Ricardo Samuel Gómez Quispe, Marcelina Paquiyauri
Illanes de Gómez, Lucy Rosa Gómez Paquiyauri, Miguel Ángel Gómez Paquiyauri and
Jacinta Peralta Allccarima, and those who are in Peru: Ricardo Emilio, Carlos Pedro
and Marcelina Haydée, all Gómez Paquiyauri, and the minor, Nora Emely Gómez
Peralta.
2.
To call upon the State to adopt forthwith all necessary measures to protect
the life and safety of Ángel del Rosario Vásquez Chumo and the members of his
family.
3.
To call upon the State to allow the beneficiaries of these provisional measures
to take part in the planning and implementation of the measures of protection and,
in general, to keep them informed on progress in the provisional measures decided
by the Inter-American Court of Human Rights.
paragraph; and Case of The Urso Branco Prison, Provisional Measures. Order of the Inter-American Court
of Human Rights of June 18, 2002, eighth considering paragraph.
7
Cf., inter alia, Case of Bámaca Velásquez, Provisional Measures. Order of the Inter-American
Court of Human Rights of November 20, 2003, twelfth considering paragraph; Case of Marta Colomina and
Liliana Velásquez, Provisional Measures. Order of the Inter-American Court of Human Rights of September
8, 2003, fifth considering paragraph; and Case of Lysias Fleury, Provisional Measures. Order of the InterAmerican Court of Human Rights of June 7, 2003, ninth considering paragraph.
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