2
MARÍA GARCÍA-DOMINGO
GONZALO GODÍNEZ-LÓPEZ
ARTURO FEDERICO MÉNDEZ-ORTIZ
ALFONSO MORALES-JIMÉNEZ
II.
To request the Government of Guatemala to adopt all necessary
effective measures to ensure that the above mentioned persons may continue to reside
at or return to their homes in Colotenango, safe in the knowldege that they will not be
persecuted or threatened by the civil patrols or Voluntary Civil Defense Committees, or
by military units or other agents of the State. Furthermore, that it take the necessary
measures to guarantee to Attorney Patricia Ispanel-Medimilla the right to freely exercise
her profession.
III.
To request the Government of Guatemala to enforce the arrest
warrants issued against the remaining patrolmen charged as suspects in the case before
the Second Trial Court of Huehuetenango involving the criminal acts committed on
August 3, 1993 in Colotenango.
IV.
To request the Court to convene a public hearing as early as possible,
to enable the Commission to describe in detail the vulnerability of the witnesses and
family members of the victims, as well as the human rights defense attorneys in
Colotenango, Huehuetenango. This hearing will also provide the Government of
Guatemala with the opportunity to inform the Court regarding the concrete measures it
has taken to solve the crimes charged, to punish those responsible and to prevent the
recurrence of these threats and attacks against the witnesses, the family members of the
victims and the human rights defense attorneys in the case.
V.
To request the authorities of the Guatemalan Government to issue a
public statement to be broadcast by the principal media outlets of the country,
recognizing, first, the legitimacy of civil organizations such as CONAVIGUA, CUC and
CONDEG (National Coordinator of Displaced Persons of Guatemala), whose members
have suffered, and continue to suffer, persecution because of their opposition to the
abuses committed by state organizations such as the so-called Defense Patrols. The
statement should furthermore emphasize that participation in the Comités Voluntarios de
Defensa Civil "PACs" (Voluntary Civil Defense Committees) or similar groups is strictly
voluntary; consequently, nobody can be forced to take part in them. That those rights
and guarantees are enshrined in the American Convention on Human Rights, as well as
in the Constitution of the Republic of Guatemala, whose Article 34 reads as follows:
The right of freedom of association is hereby recognized.
No person shall be compelled to join or form part of self-defense or other types
of groups or associations.
VI.
To request the Government of Guatemala to report to the Commission
and to the Inter-American Court of Human Rights on the measures adopted pursuant to
the provisional measures to be ordered by that Court.
3.
The Commission bases its request for provisional measures on the following:
2.
The witnesses to a violent attack carried out on August 3, 1993 by civil
patrols against unarmed persons who were participating in a demonstration for human
rights in the city of Colotenango, Department of Huehuetenango, are in grave, imminent
danger. The parents of two of the witnesses to the case have been murdered, while
other witnesses have been seriously injured and subjected to accusations and arbitrary
detention; others still have received death threats. At least one of the witnesses has
been forced to abandon his home and move to another region of Guatemala. Legal
actions have been instituted against the civil associations that support them, in order to
intimidate those groups. All of these abuses appear to be aimed at silencing the persons
who, in the course of the public demonstration of August 3, 1993, witnessed the murder
of human rights advocate JUAN CHANAY-PABLO and the attacks which injured MIGUEL
MORALES-MENDOZA and JULIA GABRIEL-SIMÓN.
The denunciations indicate that the danger faced by these witnesses and their
relatives is posed by members of the armed civil patrols which go under the name of
Voluntary Civil Defense Committees. These are armed groups which act under the
control and responsibility of the Army of Guatemala.