4
Cruz Munguía-Sosa, General Regional Coordinator of COPREDEH.
For the Inter-American Commission of Human Rights:
Claudio Grossman, delegate,
David J. Padilla, attorney,
Denise Gilman, attorney,
Ariel Dulitzky, assistant,
Marcela Matamoros, assistant.
10.
On September 16, 1995, during the public hearing, the Commission
presented to the Court a document dated February 8, 1995 from Prosecutor
Abraham Méndez-García addressed to the Central Regional Director of the United
Nations Verification Commission for Guatemala -MINUGUA- in which he reported that
he had "been the object of surveillance, harassment, intimidation, and assault" as a
result of his procedural role in the investigation of the Carpio Nicolle Case, and that
he had informed the proper authorities of these facts. In view of the submission of
this document, the Government requested that the Court grant it a period of time to
make observations, which was granted.
Moreover, during the hearing the Government promised to make an appointment
with Mr. Ángel Isidro Girón-Girón to verify the necessity of adopting provisional
measures to protect his life and personal integrity.
WHEREAS:
1.
That Guatemala is a Party to the American Convention on Human Rights in
which Article 1(1) sets forth the obligation of the State Parties to respect the rights
and freedoms recognized in that treaty and to ensure their free and full exercise to
all persons subject to its jurisdiction, and that on March 9, 1987 Guatemala accepted
the compulsory jurisdiction of this Court pursuant to Article 62 of the Convention;
2.
That Article 63(2) of the Convention provides that:
In cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
3.
That Guatemala is obligated in every case to preserve the life and integrity of
those persons whose rights could be threatened;
4.
That the Court considers that the measures taken by the President on June 4
and July 26 of the present year are necessary and should be ratified,
5.
That the Government of Guatemala, through its representative, explicitly and
repeatedly expressed during the hearing its willingness to maintain and ensure the
effectiveness of the provisional measures ordered by the Court in this case.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising the authority conferred on it by Article 63(2) of the American Convention