PRESENTED BY MR. LUIS BERTELLO MASPERI
September 23, 1986
1. HAVING SEEN,
the claim submitted on June 27, 1986 by Mr. Luis Bertello Masperi, a
Peruvian citizen, presently residing in Costa Rica.
2. IN VIEW OF the
provisions of the Code of Private International Law (the Bustamente
Code), subscribed at the Sixth International American Conference, on
February 20, 1928, of which Costa Rica and Peru are member States,
mentioned in the petition, and particularly Articles 351, 354 and 355 of
said Code, and the provisions of Article 22 of the American Convention
on Human Rights.
1. That the
offenses based on which Mr. Bertello Masperi's extradition has been
requested have not been proven to be political or related thereto;
2. That neither
has it been proven that any violation of any of the rights established
by the American Convention on Human Rights has occurred;
3. That, finally,
it has not been proven that any specific threat existed or exists
against the security and physical integrity of the claimant that could
put his life at risk.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLVES:
1. To declare the
communication submitted by Mr. Luis Bertello Masperi inadmissible, in
accordance with the provisions of Article 41, b of its
2. To communicate this decision to the petitioner.