ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 30, 1999
PROVISIONAL MEASURES ADOPTED BY THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF GUATEMALA
CARPIO NICOLLE CASE
HAVING SEEN:
1.
The Order of the Court of November 27, 1998, in which it was decided:
1.
To declare that the State of Guatemala should take the necessary measures to
resolve the actual and future situation of Karen Fischer de Carpio, in compliance
with its obligation to effectively ensure the protection of her life and personal
integrity and should include the results of the corresponding measures in its
next report.
2.
To request the State of Guatemala to include in its next report, suitable
documentation on the status of case No. 1011-97 and on the concrete advances
made in the investigations into the reported threats and acts of intimidation.
2.
The note of the President of the Court of June 4, 1999, addressed to the
Minister for External Affairs of Guatemala, referring to the information provided by
the Guatemalan Government in its brief expanding on its twenty-eighth report to the
effect that, “on November 27, 1998, the government attorney, in charge of the
investigation [of case No. 1011-97, the case of the threats against the beneficiaries
of the provisional measures] decided to close the said procedure”, and requesting,
[i]n order that the Court may have the necessary elements to consider the significance
of this decision in relation to compliance with the provisional measures referred to, … the
inclusion in your illustrious Government’s next report to this Court of specific reference
to:
a.
Detailed information on the proceeding by which the decision to close
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 holds that would allow the Court
to learn the full reasons that explain and justify the closure of case No. 1011-97.
3.
The State’s thirty-first report in which it informed the Court that “[t]he
Government of Guatemala, through the National Civil Police Force, continues
to provide security to the persons indicated by the Inter-American Court of
Human Rights” and gave details of the measures adopted in this respect.
However, this report offers no information on the closure of case No. 101197, as requested by the President of the Court in his letter of June 4, 1999.
4.
The observations of the Inter-American Commission on Human Rights
on the State’s thirty-first report, with which the Commission forwarded to the