3 5. According to the provision established in Article 63(2) of the Convention, provisional measures ordered by this Tribunal are binding on the State in conformity to a basic principle of the law of international responsibility of the States, as supported by international case law, under which States are required to comply with international treaty obligations in good faith (pacta sunt servanda).3 6. It has been more than four years since the adoption of the provisional measures in favor of the original beneficiaries and more than two years since the issuance of the last Order. Since then, the Court has received new information and Peru has repeatedly requested the rescission of these measures. Based on the foregoing, the Tribunal deems appropriate to analyze the situation of the beneficiaries and the status of compliance with the provisional measures ordered in this matter. * * * 7. The provisional measures in the instant matter were ordered as a result of a series of threats issued against the life of Mr. Ramírez Hinostroza due to his declaration as victim and witness of alleged tortures committed against him and against other people. On March 10, 2004, the Huancayo Fourth Criminal Court instituted a legal proceeding against the Peruvian retired Army General, Luis Pérez-Documet, “as Chief of the Military Political Command of Huancayo by the time of the events, for the crimes of abduction and causing bodily harm.”4 Mr. Ramírez Hinostroza ratified his testimony before said court and “as a result of that, on March 13, 2004, while he was entering his house at night, he was intercepted by four armed men", though he managed to escape while his pursuers were shooting at him. On May 3, 2004, while he was signing the record of the visual inspection conducted at the ‘December 9' army barracks, “a military officer, who was not participating of said procedure, took a photograph of Mr. Ramírez Hinostroza.” On July 6, 2004 Mr. Ramirez Hinostroza “received, at his home address, an envelope containing an anonymous note and three photographs” of his wife and daughters. 8. Before this situation, on August 2, 2004, the Commission adopted precautionary measures in favor of Luis Alberto Ramirez Hinostroza and his family, which were later on expanded to protect his legal representatives. After the adoption of the precautionary measures, Mr. Ramirez Hinostroza would have been a victim, among other facts, of threats against his life. The first incident occurred on August 30, 2004, when, close to his home, he was intercepted by a vehicle “from which two men started to fire shots at him”, and he received a gunshot wound to the stomach. Later on, on June 1, 2005, shots were fired at him from a moving car as he was leaving the office of the Legal Defense Institute [Instituto de Defensa Legal], located in Lima. A third attack occurred on September 15, 2005, after the adoption of the provisional measures ordered by this Tribunal when, on his way home, “two strangers shot at Mr. Ramirez Hinostroza from a motorcycle.” * 3 Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the InterAmerican Court of Human Rights of June 14, 1998; Considering Clause six; Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures Regarding Colombia. Order of the Inter-American Court of Human Rights of November 17, 2009; considering clause four and Matter of Guerrero Larez, supra note 2, considering clause five. 4 Cf. Matter of Ramírez Hinostroza et al. Provisional Measures regarding the Republic of Peru. Order of the President of the Inter-American Court of Human Rights of July 22, 2005, Having Seen clause 2 c) and d).

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