2
Court the following observations made by the beneficiaries of the provisional
measures:
[F]ollowing publication of information provided by the United States National
Security Archives implicating senior state officials in the newspaper El Gráfico,
owned by the Carpios, Marta [Arrivillaga de Carpio] received three telephone
calls at her home intimidating her and/or threatening her life. In the first call, a
woman’s voice shouted insults. Half an hour later, a man’s voice warned her
that she would be very careful because she might die. In the third call, a
woman’s voice warned her that she should no attempt to associate the case of
Jorge Carpio Nicolle with that of General Enríquez.
Moreover, with regard to Karen Fischer de Carpio, it was reported that
she continues with her public activism, repeatedly denouncing the impunity
surrounding the Carpio case. On July 8, 1999, El Periódico published an article
she had written entitled “On the Sixth Anniversary of the Assassination of Jorge
Carpio”, in which she alluded to the masterminds and perpetrators of this
assassination, the silence surrounding the case, the negligence in the
administration of justice and her permanent fight to discover the truth about
the events.
5.
The above-mentioned observations of the Inter-American Commission
in which the Commission states that “it considers that the provisional
measures should continue and that it is important that the orders of [this]
Court are fully complied with, particularly by taking concrete and effective
measures to investigate the threats that the petitioners have mentioned”.
CONSIDERING:
1.
That, as an essential element of its obligation to provide protection,
the State should take all necessary steps to settle the present and future
situation of Marta A. de Carpio and Karen Fischer de Carpio, in compliance
with its obligation to effectively ensure the protection of their lives and
personal integrity.
2.
That the closure of case No. 1011-97 and interruption of the
investigations the treats and acts of intimidation that caused these measures
to be adopted, as well as the failure to forward the corresponding
information, which had been duly requested by the Court, constitute an
omission of the State obligation that had already been established by this
Court.
3.
That the information provided by the Inter-American Commission
allows is to infer that the situation of insecurity of the persons protected by
these provisional measures continues at this time.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in accordance with Article 63.2 of the American Convention on Human Rights
and Article 25 of its Rules of Procedure
DECIDES:
1.
To maintain the provisional measures adopted by the Court on