2
allegedly committing the crime of justification of terrorism against the state."
b.
This cause was filed on the basis of a report of the National
Intelligence Service (Servicio Nacional de Inteligencia) which mentions the
names of several persons and institutions allegedly involved in "activities in
support of subversion in the United States," among them Mr. Carlos Chipoco.
They are charged with "maintaining contacts with human rights organizations,
with false information, in which they denigrate the Armed Forces and the
Police and other State institutions related to the struggle against subversion
... " This report was adopted by the General Secretariat, the Office of Legal
Affairs of the Ministry of Foreign Relations and by the Special Provincial
Prosecutor of the 43rd Special Prosecutor's Office. The Court ordered the
individual identification of those accused, among them Mr. Chipoco, for the
purpose of amending the "indictment" in the criminal proceeding and, upon
completing the identification, to be able to order their arrest.
4.
According to the request, Mr. Chipoco is a human rights activist. In the course
of his work, he has cooperated with the Inter-American Commission and has taken
part in the Neira Alegría et al. and in the Cayara case, which is currently before the
Court. The request adds that Mr. Chipoco has condemned the terrorist acts carried
out by the Shining Path and MRTA in Peru and "has been critical of the acts of rebels
as well as those of the Peruvian Government;"
5.
According to the Commission, the allegations are serious in that once Mr.
Chipoco is fully identified his arrest could be ordered, and under the new antiterrorist legislation, being found guilty of the crime of which he is accused could lead
to his loss of Peruvian nationality and a prison sentence of more than twenty years.
This is made more serious by the fact that the trial is secret and summary,
conducted within strict time limits by the so called "faceless judges", and may be
held in the absence of the accused;
6.
Mr. Chipoco is in the United States of America where he is an international
consultant in human rights and, should he return to Peru, would run the risk of being
held in the same place as the leaders and activists of the terrorist groups whose acts
he has publicly condemned, which would constitute a grave threat to his right to life
and integrity of the person which are recognized by the Convention. According to the
Commission, the Government wants to punish, penalize and intimidate those who
utilize international procedures and courts for the protection of human rights;
7.
In the opinion of the Commission, the urgent need of the measures is to avoid the
indictment being "returned without an exhaustive investigation and without having afforded
the accused and its representatives an opportunity to prepare his defense," which would
violate Article 8 (Right to a Fair Trial) of the American Convention. In the opinion of the
Commission, this situation would also constitute a violation of Articles 5 (Right to Humane
Treatment), 13 (Freedom of Thought and Expression), 1(1) (Obligation to Respect Rights) of
the Convention and Articles 44 and the following (Competence) that allow recourse to the
Commission and the Court by virtue of the procedure established therein;
8.
The Commission's communication of November 30, 1992, which asks the Court to
convoke a public hearing on the request for provisional measures and names the following
persons to advise the delegates the Commission will designate according to Article 22 of the
Rules: Professors Thomas Buergenthal and Hurst Hannum, Doctors Juan Méndez, José Miguel
Vivanco and José Ugaz and Mr. Felipe Michelini;
9.
By communication of December 2, 1992, received by the Secretariat of the