2
"representatives") forwarded the observations to the State's reports and informed on the
detention and subsequent release of Mr. Ramirez Hinostroza.
4.
The briefs of August 6 and 31 and December 12, 2007, of October 13, 2008 and
February 20, May 14, July 8, October 6 and November 5, 2009, whereby the InterAmerican Commission on Human Rights (hereinafter, the "Inter-American Commission" or
the "Commission") forwarded its observations to the information presented by the State
and the observations of the representatives and indicated that the case related to Mr.
Ramírez Hinostroza “is in the monitoring stage" before said body.
CONSIDERING THAT:
1.
Peru ratified the American Convention on Human Rights (hereinafter, the
“American Convention” or the “Convention”) on July 28, 1978, and it has accepted the
binding jurisdiction of the Court on January 21, 1981, in keeping with Article 62 of the
Convention.
2.
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.
Article 27 of the Rules of Procedure of the Court1 provides that:
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, on its own motion,
order such provisional measures as it deems pertinent, pursuant to Article 63(2) of the
Convention.
2.
With respect to a matter not yet submitted to the Court, it may act at the request of
the Commission.
[…]
4.
According to the International Human Rights Law, the provisional measures are not
only precautionary in the sense that they preserve a legal situation, but they are also
mainly protective since they protect human rights, insofar as they avoid irreparable
damage to people. Provisional measures are adopted provided the basic requirements of
extreme gravity and urgency and the prevention of irreparable damage to persons are met.
In this sense, provisional measures become a real jurisdictional guarantee of a preventive
nature.2
1
Rules of Procedure of the Court approved in its LXXXV Ordinary Period of Sessions, held from November
16 to 28, 2009.
2
Cf. Case of “La Nación” Newspaper. Provisional Measures regarding Costa Rica. Order of the InterAmerican Court of Human Rights of September 7, 2001; considering clause four; Matter of Monagas Judicial
Confinement Center (“La Pica”); Yare I and Yare II Capital Region Penitentiary Center; Penitentiary Center of the
Central Occidental Region (Uribana Prison) and El Rodeo I and El Rodeo II Capital Judicial Confinement Center.
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of November 24,
2009, Considering Clause six. Matter of Guerrero Larez. Provisional Measures regarding Venezuela. Order of the
Inter-American Court of Human Rights, of November 17, 2009; Considering clause four.