Order of the
Inter-American Court of Human Rights
of May 3, 2008
Provisional Measures
with regard to Peru
Case of the Gómez-Paquiyauri Brothers•
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter “the Court”,
“the Inter-American Court” or “the Tribunal”) of May 7, 2004, whereby the Court decided,
inter alia:
1.
[t]o call upon the State to adopt forthwith all necessary measures to protect
the life and physical integrity of the members of the Gómez-Paquiyauri family who
testified before the Court: Ricardo Samuel Gómez-Quispe, Marcelina Paquiyauri-Illanes
de Gómez, Lucy Rosa Gómez-Paquiyauri, Miguel Ángel Gómez-Paquiyauri and Jacinta
Peralta-Allccarima, and those who are in Peru, namely: Ricardo Emilio, Carlos Pedro
and Marcelina Haydée Gómez-Paquiyauri, and minor Nora Emely Gómez-Peralta[;]
2.
[t]o call upon the State to adopt forthwith all necessary measures to protect
the life and physical integrity of Ángel del Rosario Vásquez-Chumo and the members of
his family[, and]
3.
[t]o call upon the State to allow the beneficiaries of [the] provisional measures
to take part in the planning and implementation of the protective measures and, in
general, to keep them informed of the progress made in relation to the provisional
measures ordered by the Inter-American Court of Human Rights.
2.
The Order of the Inter-American Court of September 22, 2006, in which it decided,
inter alia:
1.
[t]o request the State to maintain the provisional measures and adopt such
other measures as may be necessary to preserve the life and physical integrity of the
members of the Gómez-Paquiyauri family: Ricardo Samuel Gómez-Quispe, Marcelina
Paquiyauri-Illanes de Gómez, Lucy Rosa Gómez-Paquiyauri, Miguel Ángel GómezPaquiyauri, Ricardo Emilio Gómez-Paquiyauri, Carlos Pedro Gómez-Paquiyauri,
Marcelina Haydée Gómez-Paquiyauri, Jacinta Peralta-Allccarima, and Nora Emely
Gómez-Peralta; as well as Ángel del Rosario Vásquez-Chumo and the members of his
family[, and]
2.
[t]o reiterate the request made to the State so that the beneficiaries of the
provisional measures are allowed to take part in the planning and implementation
thereof and, in general, kept informed of the progress regarding compliance with the
measures ordered by the Inter-American Court of Human Rights. […]
3.
The communications submitted by the Republic of Peru (hereinafter “the State” or
“Peru”) on July 31 and December 14, 2007 and January 11, 2008, whereby the State
provided information regarding the implementation of the provisional measures ordered by
the Court in the instant case.
•
Judge Diego García-Sayán, a Peruvian national, excused himself from hearing this case, pursuant to
Article 19(2) of the Statute and Article 19 of the Rules of Procedure of the Court; therefore, he did not participate
in the deliberations and signing of this Order.
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