7
the American Convention and the Rules of Procedure of the Court, which is an
indispensable condition to order the adoption of provisional measures. On the other
hand, there is no evidence as to the persistence of a situation endangering the life or
personal integrity of the victims and possibly causing them irreparable damage.
Therefore, the adoption of the requested provisional measures is inadmissible.
Likewise, the Tribunal recalls that a previous ruling in relation to one of these facts
has already dismissed the request for provisional measures.2
6.
That in relation to the alleged labor restrictions, the representatives held that
“four […] victims […] have been dismissed from their jobs or otherwise restricted in
their professional practice following the disclosure of their detention under those
same charges” and that, out of these people, at least three “[to] date, […] have lost
their jobs because of information obtained from different sources by their bosses and
seniors, who based their decision to dismiss them [on] said information.” In this
regard, the Court observes that from the evidence filed it does not appear that said
persons were dismissed recently. On the contrary, after reading the testimonies
attached by the representatives, it can be inferred that, at the time of submission of
the request for provisional measures, all these persons were working, though they
certainly agree that the publication of the list of “released persons” would have
detrimental effects on their social, family and work life. From the two testimonies
referring to dismissals, it does not appear that they are recent facts; rather they are
vaguely described as having taken place in the past. One of those testimonies reads:
“I experienced this once [, being dismissed,] when I was fired because the owner
found out that I had been in jail [...], I overcame it, but it was hard”, while the other
testimony holds that “after I had been released on parole, a prosecutor and the
[D]ircote (Dirección contra el Terrorismo – Anti-terrorism Board) came to my work,
and [the owners of the place], out of fear, fired me.” On the other hand, in the case
of the person whose application to register with the Peruvian Psychologists’
Association was denied, it also appears from the relevant testimony that this person
is currently working and will purportedly have a meeting with the authorities of said
institution to request the reconsideration of the decision taken by the Association. As
in the other cases, the Tribunal observes that the Association’s rejection of the
application occurred prior to the statements concerning the publication of the list of
released persons. The Tribunal notes that neither the existence of a situation of
extreme gravity and urgency nor the need to avoid irreparable damage can be
inferred from these facts.
7.
That in relation to the spreading of critical or unfavorable expressions through
the media regarding some victims or the Judgment rendered in the instant case, the
attack on the monument “The crying eye” or like facts, the Tribunal considers that
while they could have detrimental effects on the victims, it has not been proved that
they have led to the situation of extreme gravity and urgency necessary to adopt
provisional measures. The Tribunal also observes that those who believe their private
life or honor has been affected by some of those facts should be able to request
protection through actions brought within the domestic legal system.
8.
That in relation to the possible publication of a list of released persons, the
Court notes what was mentioned by the representatives in the sense that high
authorities of the Peruvian judiciary, such as the President of the Judicial Branch and
the President of the National Criminal Chamber on Terrorism, allegedly confirmed its
2
I/A Court H.R. Matter of Juárez-Crussat et al. regarding Peru. Request for Provisional Measures
regarding Peru. Order of the President of the Inter-American Court of Human Rights of May 31, 2006.