ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 20, 2003
PROVISIONAL MEASURES IN THE MATTER
OF THE REPUBLIC OF GUATEMALA
BÁMACA VELÁSQUEZ CASE
HAVING SEEN:
1.
The Order of the President of the Inter-American Court of Human Rights
(hereinafter “the President”) in the Bámaca Velásquez Case on April 2, 1998,
wherein it decided:
1.
To summon representatives of the State of Guatemala and the Inter-American
Commission on Human Rights to a public hearing on this matter at the seat of the Inter.American Court of Human Rights, on June 16, 1998 at 10:00 a.m. to hear the
declarations […] of the following witnesses […]:
witnesses proposed by the Inter-American Commission:
Santiago Cabrera López, former combatant of the URNG [who would d]eclar[e] about the
illegal detention and torture of Mr. Bámaca Velásquez;
[… and]
Otoniel de la Roca Mendoza, who would declar [e] about the torture and detention of
Efraín Bámaca Velásquez in March 1992[.]
[…]
2.
The communication of the Inter-American Commission on Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) on May 15,
1998, to inform that “the witness Otoniel de la Roca Mendoza was l[ocated] in the
United States [of America] and w[as] defining [at that moment] his immigration
status as a refugee,” so there was a possibility that he would be unable to travel to
the seat of the Court for the summoned public hearing. On June 11, 1998 the
Commission stated that “there w[as] a possibility for the witness [de la Roca
Mendoza] to b[e] unable to travel to San José, Costa Rica to attend the public
hearing due to legal issues.”
3.
The Order of the Inter-American Court of Human Rights (hereinafter “the
Court”, “the Inter-American Court”, or “the Tribunal”) on August 29, 1998, wherein
it decided:
[…]
2.
To call upon the State of Guatemala to adop[t] said measures [as] necessary to
protect the life and personal integrity of Alfonso Cabrera Viagres, María Victoria López,
Blanca Cabrera, Carmenlinda Cabrera, Teresa Aguilar Cabrera, Olga Maldonado, and
Carlos Alfonso Cabrera.
3.
To call upon the State of Guatemala to investig[ate] the facts set forth [in the
Order] and repor[t] on the situation of the persons in question.
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