-9-
events were reported to the authorities for the purpose of effecting the
appropriate police investigations; and
f)
“[u]p to the moment neither any clues nor any evidence have been
found to back the assumption that Retired Peruvian Army Generals: Luis
PÉREZ-DOCUMET (66), David JAIME SOBREVILLA (66) and Manuel DELGADOROJAS may have participated; there only exists the account and/or
accusation by Luis Alberto RAMÍREZ-HINOSTOZA (31).” On November 7,
2005 the Prosecutoría Provincial de Lima (Provincial Prosecuting Office of
Lima) decided to extend the investigation that “is being carried on in
coordination with the aforesaid Prosecuting Bureau.” Likewise, the State is
waiting for the assessment and final ruling by the Court on whether it is meet
to maintain in effect the provisional measures in favor of Mr. Luis Alberto
Ramírez-Hinostroza, his family and Mr. Carlos Rivera-Paz — who was
considered to qualify as a beneficiary of the provisional measures in his
capacity as the lawyer of the party mentioned in the first place, it being worth
mentioning and specifying in due course that as of this date Mr. Carlos
Rivera-Paz no longer represents or acts as counsel for Mr. Luis Alberto
Ramírez-Hinostroza.
CONSIDERING:
1.
That the State of Peru has been a State party to the American Convention on
Human Rights since July 28, 1978, and accepted the obligatory jurisdiction of the
Court on January 21, 1981.
2.
That Article 63(2) of the American Convention establishes that:
[I]n cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
3.
that:
That, regarding this subject, Article 25 of the Rules of Procedure establishes
1. At any stage of the proceedings involving cases of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
[…]
4.
That Article 1(1) of the Convention enshrines the duty that States Parties
have to respect the rights and freedoms recognized therein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
5.
That, under International Human Rights Law, provisional measures do not
only have a preventive nature in the sense they preserve a legal situation, but they
also have a fundamental tuitive nature because the protect human rights, inasmuch
as they seek to avoid irreparable damage to persons. Provided the basic
requirements of extreme gravity and urgency and of avoiding irreparable damage to
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents