ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF SEPTEMBER 26, 2006
REQUEST FOR PROVISIONAL MEASURES SUBMITTED BY THE INTERAMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING EL SALVADOR
MATTER OF GLORIA GIRALT DE GARCIA-PRIETO ET AL.
HAVING SEEN:
1.
The writing of September 25, 2006 and its Appendixes, by means of which
the Inter-American Commission on Human Rights (hereinafter “the Inter-American
Commission” or “the Commission”) submitted to the Inter-American Court of Human
Rights (hereinafter “the Court” or “the Inter-American Court”) a request for
provisional measures, pursuant to Articles 63(2) of the American Convention on
Human Rights (hereinafter "the Convention" or "the American Convention"), and
Article 25 of the Rules of Procedure of the Court (hereinafter "the Rules of
Procedure"), with the purpose that the State of El Salvador (hereinafter “the State”
or “El Salvador”) adopt the measures necessary to protect the life and personal
integrity of the following persons: “Gloria Giralt de García-Prieto, José Mauricio
García-Prieto [Hirlemann], María de los Ángeles García-Prieto de Charur, [José]
Benjamín Cuéllar-[Martínez], Matilde Guadalupe Hernández de Espinoza, Paulino
Espinoza, and José Roberto Burgos-Viale.”
2.
The beneficiaries of this request for provisional measures are Gloria Giralt de
García-Prieto, José Mauricio García-Prieto-Hirlemann and María de los Ángeles
García-Prieto de Charur, next of kin of Ramón Mauricio García-Prieto-Giralt, who was
murdered on June 10, 1994 in El Salvador. Other beneficiaries are José Benjamín
Cuellar-Martínez, Matilde Guadalupe Hernández de Espinoza, and José Roberto
Burgos-Viale, legal counselors of the García-Prieto-Giralt family, and members of the
Instituto de Derechos Humanos de la Universidad Centroamericana (Institute of
Human Rights of the Central American University) (hereinafter, “IDHUCA”, for its
acronym in Spanish). Paulino Espinoza is the husband of Matilde Guadalupe
Hernández.
3.
The grounds pointed out by the Commission in its request for provisional
measures (supra Having Seen clause No. 1), the summary of which is as
follows:
3.1
Regarding the provisional measures ordered by the Commission
a)
On October 22, 1996, the petitioners applied for the issuance of
provisional measures in favor of the next of kin of Ramón Mauricio GarcíaPrieto-Giralt and their counselors, since during the course of the proceedings
Judge Oliver Jackman was not present at the deliberations and did not sign this Order since he
had informed the Court that, for reasons beyond his control, he would be unable to participate at the
LXXII Ordinary Session of the Court.