6
1.
Guatemala is a State Party to the American Convention on Human Rights and
on March 9, 1987 it accepted the adjudicatory jurisdiction of this Court, pursuant to
Article 62 of the Convention.
2.
Article 63(2) of the American Convention sets forth that, “[i]n cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in
matters it has under consideration. With respect to a case not yet submitted to the
Court, it may act at the request of the Commission.”
3.
Article 25(1) of the Rules of Procedure of the Court sets forth that, “[a]t 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.”
4.
Article 1(1) of the Convention sets forth the duty of the States Party to
respect the rights and liberties recognized in that treaty and to ensure their free and
full exercise by all persons subject to their jurisdiction.
5.
The purpose of provisional measures, in the domestic legal systems
(domestic procedural law) in general, is to protect the rights of the parties in a
controversy, ensuring that the Judgment on the merits is neither obstructed nor
impeded by their actions, pendente lite.
6.
In International Human Rights Law, urgent and provisional measures also
serve the purpose of protecting fundamental human rights, avoiding irreparable
damage to persons.
7.
The case of the Plan de Sánchez Massacre is in the reparations stage before
the Court.
8.
The Court has examined the facts and circumstances that were the basis for
the President’s July 30, 2004 Order (supra Having Seen 9), which it ratifies because
it finds it to be in accordance with the legal and factual merits of the case.
9.
The background submitted by the representatives and by the Inter-American
Commission in this case -taking into account, also, the acceptance of the fact by the
State itself- reveal prima facie a threat to the life, right to humane treatment, and
personal liberty of Salvador Jerónimo Sánchez, Prudencia Cajbon, Faustina Tojom,
Juan Manuel Jerónimo, and Buenaventura Jerónimo (supra Having Seen 4, 5, 7 and
8). The standard for prima facie assessment in a case and application of
presumptions regarding the need for protection have led the Court to order
provisional measures a number of times.1
1
See, inter alia, Matter of the “Globovisión” television station. August 3, 2004 Order of the
President, Whereas six; Case of the 19 Tradesmen. July 30, 2004 Order of the President, Whereas eight;
and Case of the Plan de Sánchez Massacre. July 30, 2004 Order of the President, Whereas nine.