2
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be treated with
respect for the inherent dignity of the human person.
Article 48
...
1.d . . . If the record has not been closed, the Commission shall, with the knowledge of
the parties, examine the matter set forth in the petition or communication in order to
verify the facts. If necessary and advisable, the Commission shall carry out an
investigation, for the effective conduct of which it shall request, and the states
concerned shall furnish to it, all necessary facilities.
4.
The Commission's request is also founded upon the request made by its
President on August 18, 1992, for precautionary measures pursuant to Article 29 of
the Commission's Regulations, "in relation to those persons deprived of their liberty
for allegedly committing terrorist acts." Moreover, the President of the Commission
stated that if the necessary measures were not adopted within 10 days, "the request
for provisional measures might be presented to the Inter-American Court of Human
Rights." The precautionary measures requested by the Commission were the
following:
1.
That the Government of Perú authorize the Inter-American
Commission on Human Rights to carry out an inspection of the Yanamayo Jail in the
Departament of Puno.
2.
That the Government of Perú authorize the Inter-American
Commission on Human Rights to interview the persons who are deprived of their liberty
in that prison.
3.
That the Government of Perú authorize the visits of family members
and lawyers to that and other detention centers and that it permit the provision of
clothing, medicine, shelter and the instruments of hygiene that would allow the prisoners
to care for their vital needs.
4.
That the Government of Perú provide the necessary medical attention
to those who are sick and that they be transferred to places where they can receive the
necessary medical care.
5.
That the Government of Perú adopt measures to separate prisoners
who are members of opposing armed groups in order to avoid violence that may place
their life or integrity of their persons in danger.
6.
That the Government of Perú send the Inter-American Commission on
Human Rights the official list of persons who died or disappeared since the events of the
prison "Miguel Castro Castro", of those who were wounded, and of the whereabouts of
those transferred.
5.
The facts the Commission considered in requiring the Government to adopt
precautionary measures, and subsequently in asking the Court for provisional
measures, are the following;
a.
The existence of "credible evidence of a grave situation in the Peruvian
prisons" Miguel Castro Castro, Santa Mónica, Cristo Rey and Yanamayo,
which poses "an immediate danger to the right to integrity of the person of
those 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