2
Jesús Solórzano, Oscar Humberto Vásquez Solórzano, Víctor Arnoldo Vásquez and
Lydia de Vásquez. The Commission also stated that said persons had reported that
they mistrusted the agents that work in the General Headquarters of the National
Police, who they relate with the acts of harassment they received and the murder of
Oscar and Erik Orlando Vásquez; and that they have informed the Commission in the
respective case that the police protection necessary to comply with the precautionary
measures adopted by the Commission is not being provided.
CONSIDERING:
1.
That Guatemala has been a State Party to the American Convention since May
25, 1978 and that it accepted the compulsory jurisdiction of the Court on March 9,
1987.
2.
That Article 63(2) of the Convention establishes that the Court may take the
provisional measures it considers pertinent in matters that are submitted before it
and in order to do so it must deal with cases “of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons [and with] respect to a case
not yet submitted to the Court, it may act at the request of the Commission.”
3.
that
That in relation to this matter, Article 25 of the Rules of Procedure sets forth
1.
At any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court may,
at the request of a party or on its own motion, order such provisional measures as it
deems pertinent, pursuant to Article 63(2) of the Convention.
2.
With respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
…
4.
If the Court is not sitting, the President, in consultation with the Permanent
Commission and, if possible, with the other judges, shall call upon the government
concerned to adopt such urgent measures as may be necessary to ensure the
effectiveness of any provisional measures subsequently ordered by the Court at its next
session.
4.
That the request for provisional measures is related to the Paniagua Morales
et al. Case, pending before the Court, and with the Vásquez et al. Case (number
11.448), pending before the Commission. The Commission has stated that the
precautionary measures it adopted in the Vásquez Case has not had satisfactory
results.
5.
That the Commission asks the Court to call upon Guatemala to adopt the
provisional measures “necessary 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.”
6.
That, according to the Commission, the situation of the members of the
Vásquez family is of extreme gravity and urgency and the adoption of measures is
necessary to avoid irreparable damages.