4
3.
Article 24(4) of the Rules provides that
If the Court is not sitting, the President shall convoke it immediately. Pending the
meeting of the Court, the President, in consultation with the Permanent Commission and,
if possible, with the other judges, shall call upon the government concerned to adopt the
necessary urgent measures and to act so as to permit any provisional measures
subsequently ordered by the Court to have the requisite effect.
4.
It should be considered that, in matters before the Commission, and which,
therefore, have not yet been submitted to the Court, the provisional measures the
Court may order at the request of the Commission, pursuant to Articles 63(2) of the
Convention and 24(4) of the Rules, as well as the urgent measures the President
may take in consultation with the judges, should be considered exceptional in nature
and not a normal exercise of the competency of the Court and its President.
5.
In the instant case, the request presented by the Commission and the
accompanying documentation, and although the Commission asked the Government,
pursuant to Article 29 of its Regulations, to take measures to avoid harm to the
persons to be protected, some of those measures cannot properly be considered
precautionary and provisional measures within the meaning of paragraph 2, Article
63 of the Convention, given that they refer to the Government's authorization for the
Commission to carry out on-site visits to several Peruvian prisons, said situation
being regulated by Articles 48(2) of the Convention and 44.2 of the Commission's
Regulations, which require the prior consent of the Government, which has not yet
been granted, and which cannot be remedied by measures ordered by the President.
6.
Insofar as the Commission's request that the Government be asked to take
the necessary provisional measures to stop the mistreatment and to provide medical
assistance to the inmates of those prisons, the Commission does not provide any
evidence regarding the truth of the allegations, which would probably depend on the
observations the Commission might make in the visits it wants to carry out in those
prisons, or other means of proof, which have not yet been submitted. Under those
circumstances, the President considers that it is not appropriate to require the
Government to take urgent provisional measures, but rather that the Court should
determine in plenary, after studying the situation, whether the provisional measures
requested by the Commission are justified.
7.
Therefore, the President shall submit the Commission's request to the Court
at its next regular period of sessions beginning on January 25, 1993, so the Court
may adopt the pertinent decision.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
having considered Article 63(2) of the American Convention on Human Rights, in
consultation with the judges of the Court, and in exercise, of the Authority conferred
upon him by Article 24(4) of the Rules,
DECIDES:
1.
Based upon the foregoing considerations, it is not appropriate at this time to