2
4.
The observations of the Inter-American Commission on Human Rights
(hereinafter “the Commission”) on the twenty-sixth report of the State, stating:
a)
that the State “is complying with its commitment to provide security measures”
to protect Marta Elena Arrivillaga de Carpio;
b)
that Karen Fischer de Carpio is only protected by one security agent from the
Finance Ministry Police Unit; and that there is concern because, despite the imminence of
the elimination of this police corps under the provisions of the Peace Agreements, Mrs.
Fischer de Carpio has not been informed about the measures that will be adopted to
replace the current ones.
Moreover, the Commission stated that it is essential that the State should provide
information on specific progress in the investigations into the threats that motivated
the adoption of these measures and on the status of case No. 1011-97.
CONSIDERING:
1.
That, as an essential element of the duty to protect, the State must take all
pertinent steps in order 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.
2.
That the failure to transmit information on case No. 1011-97 and specific
progress in the investigations into the threats and acts of intimidation that motivated
the adoption of these measures, is an omission of a State obligation that has already
been established by this Court, particularly, when it is considered that the Court has
specifically called upon it to forward this information on three previous occasions.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Articles 63.2 of the American Convention on Human Rights and 25 of its
Rules of Procedure
DECIDES:
1.
To declare that the State of Guatemala should take pertinent 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 in its next report the results of the corresponding measures.
2.
To call upon the State of Guatemala to include in its next report reliable
documentation on the status of case No. 1011-97 and on specific progress with the
investigations into the threats and acts of intimidation denounced.
Hernán Salgado-Pesantes
President
Antônio A. Cançado Trindade
Máximo Pacheco-Gómez