14
(son), Edgar Ibal Martínez-López (son) and Sylvia Patricia Martínez-López
(daughter). The grounds of the Commission's request are summarized as follows:
(a)
The request states that Mr. Justo Victoriano Martínez-Morales is "a
key witness in the Blake Case" as a consequence of his investigation of the
circumstances that led to Mr. Nicholas Blake's abduction and
disappearance in the small village of "Las Majadas" and the surrounding
area. Through that investigation, Mr. Martínez had established that "years
later the Guatemalan Army had ordered Mr. Blake's remains [and those of
Mr. Griffith Davis] to be burned and hidden and had warned the villagers
of El Llano not to reveal what had taken place."
(b)
That Mr. Martínez had, on prior occasions, received death threats
"from members of the civil patrols of El Llano and the surrounding areas"
for having informed U.S. Embassy officials in Guatemala of the
investigation he had conducted into Mr. Nicholas Blake's disappearance.
(c)
That following the hearing held at the seat of the Commission on
February 14, 1995, Mr. Martínez had again received telephone threats to
his life and the lives of his family.
(d)
On May 3, 1995, when it gave notification of Report 5/95, the
Commission requested the Government of Guatemala to take such
precautionary measures as were necessary to safeguard the life, liberty
and personal safety of Mr. Justo Victoriano Martínez-Morales. The
Commission requested that the Government inform it, within thirty days,
of the measures it had adopted to comply with the request and the results
of those measures. However, at the time of the submission of this request,
the Commission had not received any response from Guatemala.
37.
On August 16, 1995, the President of the Court, at the request of the
Commission and pursuant to Article 63(2) of the Convention and Article 24(4) of
the Rules of Procedure then in force, requested that Guatemala adopt without
delay any measures necessary to effectively ensure the protection and personal
safety of Justo Victoriano Martínez-Morales, Floridalma Rosalina López-Molina,
Víctor Hansel Morales-López, Edgar Ibal Martínez-López and Sylvia Patricia
Martínez-López. The President also requested Guatemala to adopt any measures
necessary to enable those persons to continue residing in their homes, with the
guarantee that they will not be persecuted or threatened by agents of the
Guatemalan State or other persons acting with the acquiescence of the State. The
President further requested it to present a report to the Court on the measures it
had adopted.
38.
On September 6, 1995, Guatemala submitted the aforementioned report,
dated September 4, 1995, to the Inter-American Court, as requested in the Order
of the President. In this report, the State claimed that it had informed to the
Commission of the precautionary measures adopted on behalf of Mr. Justo
Victoriano Martínez-Morales on June 2, 1995, and had submitted its Report on
August 29, 1995. It added that no "case of extreme urgency" existed, inasmuch
as Guatemala had "complied [with the Commission’s request] within the time
indicated providing all the measures necessary for safeguarding the life and
personal safety of Mr. Justo Victoriano Martínez-Morales and his family." It
further claimed in that Report that Mr. Martínez-Morales had denied being
subjected to threats or attacks against his person or his family and would not
agree to any personal safety measures. Because of this refusal, the National