ORDER OF THE PRESIDENT OF
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 16, 1995
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF GUATEMALA
BLAKE CASE
WHEREAS:
1.
The brief and its annexes, dated August 3, 1995, received that same day at
the Secretariat of the Inter-American Court of Human Rights (hereinafter "the
Secretariat"), submitted an application by the Inter-American Commission on Human
Rights (hereinafter "the Commission" or "the Inter-American Commission") to the
Inter-American Court of Human Rights (hereinafter "the Court"), by virtue of Articles
50 and 51 of the American Convention on Human Rights (hereinafter "the
Convention" or "the American Convention") and 26 and following of the Rules of
Procedure of the Court (hereinafter "the Rules of Procedure"), against the Republic of
Guatemala "for the violation of the rights to personal liberty, life, and freedom of
expression as well as for the denial of justice to the detriment of Nicholas Chapman
Blake." Said application is currently in the preliminary review stage as provided for
by Article 27 of the Rules of Procedure.
2.
The brief of August 11, 1995, received at the Secretariat that same day,
submits a request by the Inter-American Commission to the Court, by virtue of
Articles 63(2) of the Convention and 24 of the Rules of Procedure, for provisional
measures in the Blake Case with respect to the situation which was described as "a
case of extreme urgency" and with the object of avoiding irreparable injury to Mr.
Justo Victoriano Martínez-Morales, a witness in the case, and his immediate family:
Floridalma Rosalina López-Molina (wife), Víctor Hansel Morales-López (son), Edgar
Ibal Martínez-López (son), and Sylvia Patricia Martínez-López (daughter).
3.
The request for provisional measures is based on the following facts:
a.
According to said request, Mr. Justo Martínez is "a key witness in the
[Blake] Case" as a consequence of the investigations he undertook relating to
the circumstances that led to the kidnapping and disappearance of Mr. Blake
in the village of "Las Majadas" and its environs. As a result of these
investigations, Mr. Martínez established that "years later the Guatemalan
Army had ordered that the remains of Mr. Blake [and those of Mr. Griffith
Davis] be burned and hidden and had warned the villagers of 'El Llano' that
they should not reveal what had taken place." The information obtained by
Mr. Martínez was later confirmed by proof offered, among others, by the
Commander of the Civil Self-Defense Patrol, Mr. Felipe Alva.
b.
Mr. Martínez had received, on prior occasions, death threats "from
members of the civil patrols of 'El Llano' and its environs" for having informed
the United States Embassy officials in Guatemala of the way in which,