2
1.
To declare that the State of Guatemala should take the necessary measures to
settle the current and future situation of Karen Fischer de Carpio, in compliance with its
obligation to effectively guarantee protection for Mrs. Carpio’s life and personal integrity
and should include the results of the corresponding measures in its next report.
2.
To call upon the State to include in its next report the appropriate
documentation on the status of case No. 1011-97 and the concrete advances made into
the investigations of the denounced threats and acts of intimidation.
6.
Documents relating to case No. 1011-97, supplied on various dates both by
the State of Guatemala (hereinafter “the State” or “Guatemala”) and by the InterAmerican Commission on Human Rights (hereinafter “the Commission” or “the InterAmerican Commission”), which included August 26, 1997 and December 15, 1997,
and January 20, 1998.
7.
The June 4, 1999 note from the President of the Court to the Minister of
Foreign Affaire of Guatemala, wherein the former requested that the next report
specifically supply the following:
a.
Detailed information on the proceeding by which the order to set aside case No.
1011-97 was taken;
b.
A complete copy of the official public documents in which the said proceeding
appears; and
c.
Any additional information the State has in its possession that would enable the
Court to understand the reasons and justifications for setting aside case No. 1011-97.
8.
The Court’s September 30, 1999 Order wherein it decided:
1.
To maintain the provisional measures adopted by the Court on September 19,
1995, February 1, 1996, September 10, 1996, June 19, 1998 and November 27, 1998,
in favor of Marta Elena Arrivillaga de Carpio and Karen Fischer de Carpio.
2.
To request the State to continue to report to the Court every two months on
the measures that it has taken in this case, and the Inter-American Commission on
Human Rights to continue to submit its observations on that information to the Court,
within six weeks of receiving it.
3.
To request the State of Guatemala to include detailed information on the
proceeding by which it adopted the decision to close case Nº 1011-97 in its next report,
together with all the documentation it holds on this proceeding.
9.
The State’s thirty-second report, dated October 22, 1999, wherein it reported
the following: that case No. 1011-97, assigned to the Fourth Clerk, was instituted
as a result of the Order of the President of the Inter-American Court (supra, first
paragraph under Having Seen); because no one had been named as a possible
suspect in the threats and harassment, the Public Prosecutor’s Office, in application
of Article 327 of the Code of Criminal Procedure, had asked that the case be set
aside on March 6 next. This decision was confirmed by the Sixth Judge of First
Instance in Criminal Matters and Drug- and Environment-related Crimes on May 27,
1997, and the special prosecutor for the case on November 27, 1997.
10.
The December 9, 1999 letter from the President of the Court wherein he
requested the State to include information pertinent to the decision to set aside case
No. 1011-97 in its next report, along with the documentation relevant to this
proceeding, “as that documentation was not appended to the State’s thirty-second
report, dated October 22, 1999.”