Interim measures granted and State party
response
Granted but not acceded to by the State party14
Remedy recommended
None
Due date for State party response
7 March 1999
Date of reply
Most recent reply dated 9 November 2005
State party response
On 13 June 2001 (as reflected in the progress
report during the thirty-fourth session), the State
party had reported on the conditions of detention
of the complainant in the prison of Chorrillos,
Lima. On 23 November 2000, the Ambassador of
the Bolivarian Republic of Venezuela in Peru,
together with some representatives of the Peruvian
administration, visited the complainant in prison.
The team interviewed the complainant for
50 minutes, and she informed them that she had
not been subjected to any physical or
psychological mistreatment. The team observed
that the prisoner appeared to be in good health. She
had been transferred in September 2000 from the
top security pavilion to the “medium special
security” pavilion, where she had other privileges
such as one hour of visits per week, two hours
per day in the courtyard and access to working and
educational activities.
By note verbale dated 18 October 2001, the State
party forwarded a second report made by the
Defensor del Pueblo (Ombudsman) dated
27 August 2001 about the complainant’s
conditions of detention. It included a report of a
visit to the complainant in prison carried out on
14
The Committee stated “Furthermore, the Committee is deeply concerned by the fact that the
State party did not accede to the request made by the Committee under rule 108, paragraph 3, of
its rules of procedure that it should refrain from expelling or extraditing the author while her
communication was being considered by the Committee and thereby failed to comply with the
spirit of the Convention. The Committee considers that the State party, in ratifying the
Convention and voluntarily accepting the Committee’s competence under article 22, undertook
to cooperate with it in good faith in applying the procedure. Compliance with the provisional
measures called for by the Committee in cases it considers reasonable is essential in order to
protect the person in question from irreparable harm, which could, moreover, nullify the end
result of the proceedings before the Committee.”
139
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents