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Secretariat, the Office of Legal Affairs of the Ministry of Foreign Relations and by the
Special Provincial Prosecutor of the 43rd Special Prosecutor's Office. The Court
ordered the confirmation of the identity of the accused, including Mr. Chipoco, the
specification of the alleged acts, for the purpose of amending the "indictment", and
their immediate arrest.
3.
According to the Commission, the allegations are serious because if Mr.
Chipoco is identified as one of the accused, his arrest could be ordered, and under
the new anti-terrorist legislation, a finding of guilty could lead to his loss of Peruvian
nationality and a prison sentence of more than twenty years. This is more serious
because the trial is secret and summary, conducted within strict time limits by the
so-called "faceless judges", and may be held in the absence of the defendant. Mr.
Chipoco is in the United States of America where he is an international consultant in
human rights and, should he return to Perú, would run the risk of being imprisoned
with leaders and activists of the terrorist groups whose acts he has publicly
condemned. This would constitute a grave threat to his right to life and the integrity
of his person which are recognized by the Convention. According to the Commission,
the Government wants to punish, penalize and intimidate those who utilize
international procedures and courts for the protection of human rights.
4.
In the opinion of the Commission, the need for urgent measures is to avoid
the indictment being "returned without an exhaustive investigation and without
having afforded the accused or his representatives an opportunity to prepare his
defense."
5.
By communication of November 30, 1992, the Commission asks the Court to
convoke "a public hearing on the request for provisional measures."
6.
In exercise of his authority under Article 24(4) of the Rules, the President of
the Court (hereinafter "the President") handed down an Order on December 14,
1992, which contains the following Decision:
1.
Based upon the foregoing considerations, it is not appropriate at this time to
ask the Government of Perú to take urgent provisional measures.
2.
To submit the request presented by the Inter-American Commission to the
Court at its next regular period of sessions, so it may adopt the appropriate measures
pursuant to Article 63(2) of the Convention.
The Order was made known to the Commission and the Government.
WHEREAS:
1.
By Order of December 14, 1992, the President decided not to adopt urgent
measures, the Court shall now determine whether provisional measures are
appropriate under Article 63(2) of the Convention and Article 24(2) of its Rules.
2.
The instant case concerns a matter which is not presently before the Court,
but rather before the Commission, and the latter has not submitted information to
the Court sufficient to support the adoption of such measures, which requires the
Commission to have gathered preliminary evidence to support a presumption of the
truth of the allegations and of a situation whose grave seriousness and urgency
could cause irreparable harm to persons.