Order of the
Inter-American Court of Human Rights
of January 26, 2009
Provisional Measures
regarding Guatemala
Case of Mack Chang et al.
HAVING SEEN:
1.
The Order of the President of the Inter-American Human Rights Court
(hereinafter “the Court”, “the Inter-American Court” or “the Tribunal”) of August 14,
2002, whereby the Court adopted provisional measures in favor of Mrs. Helen Mack
Chang, Viviana Salvatierra and América Morales Ruiz, Mr. Luis Roberto Romero Rivera
and other members of the Myrna Mack Chang Foundation (hereinafter the “Myrna
Mack Foundation” or “the Foundation”).
2.
The Order of the Court of August 26, 2002, whose provisions ratified the Order
by the Court’s President (hereinafter “the President”) of August 14, 2002 and resolved
to request the Republic of Guatemala (hereinafter “the State” or “Guatemala”) to
adopt, without further delay, any measures necessary to protect the life and integrity
of Mrs. Helen Mack Chang, Viviana Salvatierra and América Morales Ruiz, Mr. Luis
Roberto Romero Rivera and the other members of the Myrna Mack Chang Foundation
and that it required the petitioners to participate in planning and implementing the
measures and to keep them informed about any progress thereof.
3.
The Order of the Court of February 21, 2003, whereby the Court ratified the
Order of the President of August 14, 2002 and the Tribunal’s Order of August 26,
2002, and required the State to maintain the measures regarding the beneficiaries and
resolved, inter alia:
[...]
3.
To require the State to amplify, without further delay, any necessary measures
to protect the life and physical integrity of the relatives of Myrna Mack Chang: Zoila
Esperanza Chang Lau (mother), Marco Antonio Mack Chang (brother), Freddy Mack
Chang (brother), Vivian Mack Chang (sister), Ronnie Mack Apuy (cousin), Lucrecia
Hernández Mack (daughter) and her children.
4.
To require the State to amplify, without further delay, any necessary measures
to protect the life and physical integrity of Mrs. Iduvina Hernández.
5.
To require the State to carry out the planning and implementation of the
provisional measures in agreement with the beneficiaries of same or their
representatives and that, in general terms, the State should keep them informed about
the progress of the measures issued by the Inter-American Human Rights Court.
[...]