5
accused. The Government pointed out that only three of the defendants with arrest
warrants had been detained and that one of the three had been released for lack of
evidence.
22.
MARIANO GÓMEZ-RAMOS and MARIO LÓPEZ-GA-BRIEL, of the village
of Xemal, disappeared on February 4, 1993, after making some purchases in the
neighboring village of La Barranca. Acting on a denunciation and petition regarding this
matter, the Commission on March 24, 1994 decided to request provisional measures on
behalf of the victims. At the time of their disappearance, shots had been heard coming
from the aforementioned civil patrols of Xemal. According to denunciations received,
these patrols are terrorizing the local population by inspections, curfews and restrictions
on their freedom of movement. The request for provisional measures was delivered by
the Commission to the Government of Guatemala by note of March 30 this year, urging
the latter to inform the Commission before April 15, 1994 regarding the measures taken
and their result. To date, the Commission has received no response to its request.
WHEREAS:
1.
Guatemala ratified the American Convention on May 25, 1978, and accepted
the compulsory jurisdiction of the Court on March 9, 1987, pursuant to Article 62 of
the Convention;
2.
Article 63(2) of the Convention provides that in cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court
may, at the request of the Commission, adopt such provisional measures as it deems
pertinent in matters not yet submitted to its consideration;
3.
Article 1(1) of the American Convention sets forth the obligation of the States
to respect the rights and liberties recognized in that treaty and to ensure their free
and full exercise to all persons subject to their jurisdiction;
4.
Guatemala is therefore under the obligation to adopt all necessary measures
to protect the life and integrity of those persons whose rights might be threatended;
5.
As the Commission has stated in its request for provisional measures, "the
threats and violations reported" display prima facie characteristics of extreme gravity
and urgency. The Court is therefore justified in adopting whatever provisional
measures it deems pertinent, in order to prevent the irreparable damage to those
persons on whose behalf the request has been submitted;
6.
Some of the measures requested by the Commission are not aimed at
"avoid[ing] irreparable damage to persons;" at least, the Court has no evidence to
show that they are.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
based on Article 63(2) of the American Convention on Human Rights and exercising
the authority conferred on it by Articles 24 and 45 of the Rules of Procedure,
DECIDES:
1.
To require the Government of Guatemala to adopt without delay all necessary
measures to protect the right to life and the personal integrity of PATRICIA ISPANELMEDIMILLA, MARCOS GODÍNEZ-PÉREZ, NATIVIDAD GODÍNEZ-PÉREZ, MARÍA