ORDER OF THE PRESIDENT
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 4, 1995
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF GUATEMALA
CARPIO NICOLLE CASE
HAVING SEEN:
1.
The Inter-American Commission on Human Rights' (hereinafter "the
Commission" or "the Inter-American Commission") June 1, 1995 brief, received at
the Secretariat of the Court that same day, which requested that the Inter-American
Court of Human Rights (hereinafter "the Court") grant provisional measures
regarding the Jorge Carpio Nicolle Case (Nº 11.333), which is currently before the
Commission. The request was based on Articles 63(2) of the American Convention on
Human Rights (hereinafter "the Convention" or "the American Convention"), 24 of
the Rules of Procedure of the Court (hereinafter "the Rules of Procedure") and 76 of
the Regulations of the Commission, and is related to the situation described in its
brief which constitutes "a prima facie case of urgent and grave danger to the lives
and physical integrity of the witnesses" Marta Elena Arrivillaga de Carpio, Karen
Fischer de Carpio, Mario López-Arrivillaga and Angel Isidro Girón-Girón as well as Lic.
Abraham Méndez-García, "Prosecutor of the process in the investigation of the death
of Lic. Jorge Carpio-Nicolle;"
2.
That on March 21, 1995, the Center for Justice and International Law (CEJIL)
filed a petition before the Commission with regard to the Jorge Carpio Nicolle Case
Nº 11.333, which, since July 12, 1994, is being heard by Commission. This petition
contains a request for provisional measures pursuant to Articles 63(2) of the
Convention and 76 (sic) of the Regulations of the Commission and Article 23 (sic) of
the Rules of Procedure, and is based on the facts and information provided by the
Commission in its June 1, 1995 communication;
3.
That according to the Commission's brief, Mr. Jorge Carpio-Nicolle, expresidential candidate of the UCN - Unión del Centro Nacional (National Center
Union) and journalist, was murdered together with three other political leaders of
that party on July 3, 1993, while they were traveling for work reasons in several
departments of Guatemala, after having been intercepted by "a group of
approximately 15 to 30 armed Civil Self-Defense Patrolmen," in the place known as
"Molino del Tesoro," in the Municipality of Chichicastenango, El Quiché;
4.
That the witnesses, Marta Elena Arrivillaga de Carpio (widow of Jorge Carpio);
Karen Fischer de Carpio (daughter-in-law of Jorge Carpio); Mario López-Arrivillaga
(nephew of Marta de Carpio and former Congressman of the UCN Party), and Angel
Isidro Girón-Girón, "to the murders mentioned in the foregoing point" were
subjected to acts of harassment, intimidation, and threats against their lives and
physical integrity;