ORDER OF THE PRESIDENT OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 10, 1998
PROVISIONAL MEASURES REQUESTED BY
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
PANIAGUA MORALES ET AL. AND
VASQUEZ ET AL. CASES (N. 11.448)
HAVING SEEN:
1.
The proceedings in the Paniagua Morales et al. Case, before the InterAmerican Court of Human Rights (hereinafter “the Court” or “the Inter-American
Court”) and the transcription of the testimonies given by Oscar Humerto Vásquez and
Raquel de Jesús Solórzano during the public hearing on the merits of this case, held
by the Court at its seat on September 22, 23, and 24, 1997.
2.
The February 5, 1997, brief of the Inter-American Commission on Human
Rights (hereinafter “the Commission” or the “Inter-American Commission”, by which
it requested the Court, in accordance with Articles 63(2) of the American Convention
on Human Rights (hereinafter “the Convention” or “the American Convention”) and
25 of the Rules of Procedure of the Court (hereinafter “Rules of Procedure”), to adopt
“provisional measures to protect the life and physical integrity of the members of the
Vásquez family, including, Oscar Humberto Vásquez, Raquel Solórzano, Thelma
Judith de Vásquez, Marvin Vásquez and Lydia de Vásquez.” The Commission
indicated that said request was made in regards to two cases: the Paniagua Morales
et al. Case, currently before the Court and the Vásquez et al. Case (number 11.448),
currently before the Commission. As grounds for this request, the Commission
informed the Court that:
[o]n January 24, 1998, Mr. Oscar Humberto Vásquez, son of Mr. Oscar Vásquez (victim
in the White Van Case) and witness that rendered testimony before the Honorable Court
in September 1997, was illegally detained by a group of three unknown men, who
severely physically attacked him and threatened him with death.
The Commission also informed the Court that those that deprived Mr. Vásquez of his
freedom stated “he should stop getting involved in problems because if he did not he
would wind up like his father and his brother,” both of who were murdered five days
before the final hearing held by the Commission in regards to the Paniagua Morales
et al. Case (September 11, 1994). According to the Commission, when Mr. Vásquez
tried to present a complaint for his detention and the physical abuse he received, the
Public Ministry refused to receive it, “arguing that he should have done so
immediately after the events occurred.”
3.
The statements of the Inter-American Commission in its petition for
provisional measures, according to which, on December 13, 1994, it requested the
State of Guatemala (hereinafter “the State” or “Guatemala”) to adopt precautionary
measures to protect the life, physical integrity and liberty of Oscar Ricardo Vásquez
Monroy, María Refugio Raymundo, Marvin Alfonso Vásquez Solórzano, Raquel de