3
male and female prisoners. When the prisoners are transferred to those
prisons, some of which are in very cold zones, they are "mistreated, insulted,
humiliated," although some of them are wounded and only have their "worn"
summer clothing. Neither can the prisoners receive the visits of their relatives
with the implications that conveys.
b.
There is no independent institution which is empowered or is able to
observe the conditions described, make recommendations to the
Government, and make a public report on whether they are observed. The
International Committee of the Red Cross is not currently authorized to
inspect those prisons. All the above lends a grave and urgent nature to the
situation described.
c.
The Government's delay in garanting the authorization requested by
the Commission. According to the Commission, that may be because the
Commission "is perceived as an institution that supports the Shining Path," as
may be gathered from Document Nº 3135-92-MP-FN, dated September 16,
1992, addressed from the Public Prosecutor to Dr. Oscar de la Puente
Raygada, President of the Council of Ministers and Minister of Foreign
Relations.
d.
On October 20, 1992, in the Cristo Rey Prison in Ica, there were
serious incidents which "left two prisoners dead and three wounded, and two
policemen injured." This is one of the prisons the Commission had asked to
visit.
e.
The provisional measures requested by the President of the
Commission were based on the measures he had requested of the
Government on May 13, 1992, and which had not been adopted. To this date,
the Government has not authorized the visit requested by the Commission
nor has the pertinent information been received.
6.
The communication of December 4, 1992, sent by the Secretariat of the
Commission on that same date, contained a complaint which caused the Commission
to express the following opinion:
As one may gather from reading the communication, a situation may be developing
which could result in the violation of the rights of the women prisoners in the "Santa
Mónica" Prison of Chorillos. If the new allegations are true, this would increase the
seriousness and urgency of the situation being considered by the Members of the Court.
WHEREAS:
1.
Perú has been a State Party to the American Convention since July 28, 1978,
and accepted the obligatory jurisdiction of the Court, pursuant to Article 62 of the
Convention on January 1, 1981.
2.
Article 63(2) of the Convention provides that in cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court
may, at the request of the Commission, adopt such provisional measures as it deems
pertinent with respect to a case not yet submitted to it.