2
according to him, Mr. Blake had been assassinated and for having given
information concerning the members of the patrol who had participated in his
kidnapping and assassination. As a result of these threats, and thanks to the
help of the U.S. Embassy, Mr. Martínez was transferred to a school in
Huehuetenango a year and a half later.
c.
Following the hearing held at the seat of the Commission on February
14, 1995, Mr. Martínez was again the object of reiterated telephone threats
stating that there would be attempts on his life and the lives of his relatives.
In the last few months, the life of Mr. Martínez has run a "much greater risk
given that the prosecutor who is handling the case has called him to testify."
d.
On May 3, 1995, motivated by the notification of Report 5/95, the
Commission requested that the Government of Guatemala adopt those
precautionary measures necessary to safeguard the life, liberty, and integrity
of Mr. Martínez. The Commission requested that, within a 30 day period, the
Government inform it of the measures that had been adopted in fulfillment of
the request and the results of those measures. Nevertheless, as of the date of
the presentation of this request, the Commission has not received any
response from Guatemala.
CONSIDERING:
1.
That Guatemala is a State Party to the American Convention on Human
Rights as of May 25, 1978 and, on March 9, 1987, accepted the compulsory
jurisdiction of this Court in accordance with 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 may adopt such provisional measures as it deems pertinent in matters
under its consideration;
3.
That Article 1(1) of the American Convention indicates the duty of States
Parties to respect the rights and freedoms recognized in this Treaty and to guarantee
the free and full exercise of those rights to any person under their jurisdiction;
4.
That under the present circumstances, the affirmations and proof offered by
the Commission merit the credibility necessary to prima facie classify this situation
as one of extreme urgency which justifies the taking of urgent measures in order to
avoid irreparable injury to those persons in whose favor the request was made.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
taking into account Article 63(2) of the American Convention on Human Rights and
using the authority conferred on him by Article 24(4) of the Rules of Procedure, and
having previously consulted with the Permanent Commission of the Court,
DECIDES:
1.
To request that the Government of the Republic of Guatemala adopt without
delay any measures necessary to effectively ensure the protection and personal