ORDER OF THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF JUNE 30, 1998 PROVISIONAL MEASURES REQUESTED BY THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS BÁMACA VELÁSQUEZ CASE (No. 11,129) HAVING SEEN: 1. The file of the Bámaca Velásquez case, being processed before the InterAmerican Court of Human Rights (hereinafter “the Court” or “the Inter-American Court”), and the transcript of the declaration made by Santiago Cabrera López during the public hearing on the merits of this case held by the Court at its seat on June 16, 17 and 18, 1998. 2. The brief of the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) of June 24, 1998, in which it requested the Court, pursuant to the provisions of Article 63.2 of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”) and Article 25 of its Rules of Procedure (hereinafter “the Rules of Procedure”), to adopt “effective measures of security to protect the life and physical integrity of Santiago Cabrera. To ensure their pertinence and effectiveness, the measures of protection should be granted in agreement with the Government of Guatemala and the person to be protected.” As grounds for its request, the Commission informed the Court that: (Mr.) Cabrera gave evidence [before the Inter-American Court] on facts that clearly implied the responsibility for human rights violations of specific State agents. The State agents involved in these facts have not been tried and are not in prison; nor have they appeared before the Honorable Court, although they were summoned by this organ. This situation shows that they act with a freedom that jeopardizes the security of the said witness. [Mr.] Cabrera lives in Guatemala and returned to his residence in that country immediately after the hearings of the Honorable Court. [Mr.] Cabrera has requested the Commission to appeal to the Honorable Court to protect his life and personal integrity. CONSIDERING: 1. That Guatemala has been a State Party to the American Convention since May 25, 1978, and accepted the obligatory jurisdiction of the Court on March 9, 1987. 2. That Article 63.2 of the Convention establishes that the Court may adopt such provisional measures as it deems pertinent in matters it has under consideration and, to this end, requires that these are cases “of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons [and that w]ith respect to a case not yet submitted to the Court, it may act at the request of the Commission.” 3. That, in this respect, Article 25 of the Rules of Procedure establishes that