5.
That on October 24, 1994, the Inter-American Commission, "acting pursuant
to Article 29 of its Rules of Procedure" requested that "given the seriousness of the
denunciation," the Government of the Republic of Guatemala (hereinafter
"Guatemala" or "the Government") adopt the following precautionary measures on
behalf of the aforementioned witnesses:
a)
Adopt provisional measures to guarantee the right to life and personal
integrity of the aforementioned persons;
b)
Inform the military authorities of the Military Zone —to which the
Voluntary Civil Defense Committees of San Pedro Jocopilas answer— in order for the
authorities to inform the Committees of the situation and instruct them to control any
activity carried out by its members that may threaten or attack the protected persons;
c)
Since the measures are destined to guarantee the tranquility of the
protected persons, that the Government make a serious and effective investigation into
the threats and to punish those responsible, and
d)
Guarantee the free appearance of the witnesses at the criminal trial
and the normal development of the process, and to tighten the precautions to avoid
reprisals arising from their testimonies.
6.
That on December 7, 1994, the Government replied to the Com-mission that
it was inadmissible to request such precautionary measures since, according to the
Political Constitution of Guatemala, "[i]t is the responsibility of the State to
guarantee its citizens the life, liberty, justice, security, peace, and integral
development of the individual and that Guatemala had an internal legal system that
controlled the means to accomplish this" and that with respect to concrete measures
requested, it informed:
a.
that only Mrs. Fischer and Mr. Arrivillaga had fulfilled the obligation of
denouncing the threats; b. that Mrs. Fischer's denunciation has been attended to by the
judicial authorities; c. that the National Police investigated the harassment to Mr.
Arrivillaga; d. that Mr. Girón denied having received death threats before the competent
authorities; e. that since November 10, 1994, the Headquarters of the National Police
had established a permanent personal security service with three patrol units and the
corresponding crew for Lic. Marta Arrivillaga de Carpio, Mrs. Karen Fischer de Carpio,
and the offices of "El Gráfico" newspaper; f. that with respect to Mr. Arrivillaga, the
necessary contacts were being made to provide him with the security that he had before
and which had been withdrawn on October 13, 1994.
7.
That during its visit in loco to Guatemala in December of 1994, the
Commission "learned of the continuous threats received by Prosecutor Abraham
Méndez" and requested from the Government "protection for the Prosecutor in the
Jorge Carpio-Nicolle Case in view of the threats and intimidating acts against him;"
8.
That according to the document submitted by the Commission on May 31,
1995, it received additional information from the petitioners stating the following:
The situation of serious danger faced by the witness, next of kin, and even authorities
that investigate the case has not decreased. We have great fear that the threats and
assaults may intensify in the near future, given the current development of the case. On
April 19, 1995, the Tenth Court of Appeals decided in favor of an appeal interposed by
the private prosecutor. In regards to the events, this means that the action will probably
be reopened for more evidence. Consid-ering that the facts denounced in the previous
writings occurred while testimony was open, next of kin, witnesses and attorneys fear
that the threats and harassment may increase with the reopening of the case for
testimony.
The Special Prosecutor in the Carpio Case has received new threats. Recently, five