2
3.
The Order of the Court of June 28, 1996, in which it decided:
1.
To ratify the Order of the President of April 24, 1996.
2.
To call upon the Government of the Republic of Guatemala:
a.
To maintain the provisional measures on behalf of Blanca Margarita Valiente de
Similox, Vitalino Similoc, Sotero Similox, María Francisca Ventura Sican, Lucio Martínez,
Maximiliano Solís, Bartolo Solís, Julio Solís Hernández, María Magdalena Sunún González,
Héctor Solís, José Solís, Gregoria Gómez, Juan García, Eliseo Calel, and Víctor Tuctuc.
b.
That as a vital aspect of its protective duty, it take effective measures to
investigate the events and, where appropriate, punish those responsible for them.
3.
To call upon on the Government of the Republic of Guatemala to continue to report every
two months on the provisional measures taken.
4.
To call upon on the Inter-American Commission on Human Rights to transmit to the Court
its comments on that information not later than one month from the date of its receipt.
4.
The brief of June 3, 1997, from the Commission in which it stated that it "considers
that [the] measures [in this case] could be lifted" inasmuch as the petitioners had indicated
their agreement, "on the understanding that if the situation becomes serious once more,
and if it becomes necessary ... the petitioners will again ask the Commission to request
provisional measures of the Court". It also stated that
[t]he Commission considers that both a request for provisional measures and a request for an
extension of such measures should be submitted when circumstances indicate a current situation
"of extreme gravity or urgency, and when it is necessary to avoid irreparable damage to
persons." Consequently, if the present circumstances do not require that such special measures
be applied, the Commission considers that they may be lifted.
It also pointed out that
[it had] provided this information to the Honorable Court on the understanding that the
Commission will continue to monitor the situation within the framework of its processing of the
case and, if the situation so warranted, it would again seek the provision of such measures at a
future date.
5.
The brief of July 4, 1997, from Guatemala, in which it stated that new arrangements
had not been made with regard to the cases initiated owing to the threats made against
members of the Cakchiquel Presbyterian Church, because now it was awaiting new
investigations and information that would help identify those responsible. The State also
said that on June 16, 1997 a COPREDEH official spoke to the two daughters of deceased
Pastor Lucio Martínez-Pic, who had said "that they had not been bothered for some months
and had no news of any members of the Church being harrased" and "that everyday the
National Police patrolled the sector in which they live and that there had been no type of
incident."
6.
The letter of August 15, 1997, from the Commission, in which it reiterated to the
Court its request for the provisional measures to be lifted and declares that it will continue
to monitor the situation.
CONSIDERING:
1.
That Article 63(2) of the American Convention on Human Rights provides that: