2
2.
To request the Government of Guatemala to adopt all necessary measures to
ensure that the aforementioned persons may continue to reside at or return to their
homes in Colotenango, providing them the assurances that they shall not be persecuted
or threatened by agents of the Government or by individuals.
3.
To request the Government of Guatemala to guarantee to Attorney Patricia
Ispanel-Medimilla the right to exercise her profession without being subjected to undue
pressures.
4.
To request the Government of Guatemala to inform the Court no later than
August 31, 1994, regarding the measures it has adopted to comply with this order.
5.
To instruct the Secretariat of the Court to transmit the documents mentioned in
the previous paragraph to the Inter-American Commission on Human Rights. The latter
shall have until October 7, 1994 to submit its observations thereon.
6.
To summon the Inter-American Commission on Human Rights and the
Government of Guatemala to the public hearing on this case, to be held at the seat of
the Court at 15:00 hours on November 28, 1994.
This decision was notified to the Commission and to the Government.
4.
On August 31, 1994, the Government of Guatemala informed the Court in
writing regarding the measures that were adopted, in compliance with operative
point 4 of the above decision. The information included a report from the Presidential
Committee to Coordinate the Executive's Policy on Human Rights and a document
drawn up at the Office of the Governor of the Department of Huehuetenango. In the
above mentioned report, the Government states the following:
We assure the President that his decision has been accorded its full weight and
importance. As a result, the Government has reiterated the orders issued to the
authorities, requiring them to: a) provide concrete and specific protection to the persons
listed, allowing them to personally and freely specify the type of protection they require;
b) proceed with the arrests ordered by the courts investigating the events relating to
consolidated case Nº 11.212; c) the Government Attorney's Office has likewise been
requested to take all measures necessary to expedite and improve the effectiveness of
the investigation in order to punish the actors already identified.
...
In compliance with Your Excellency's decision, the Government of Guatemala has
tightened security measures in the area of Colotenango, in order to afford better
protection to its inhabitants.
5.
Pursuant to point 5 of the Court's decision, the Secretariat of the Court
transmitted the information received from the Government to the Inter-American
Commission and granted the latter until October 7, 1994 to present its observations.
On October 6, 1994, the Commission submitted its observations and requested that
the measures ordered be maintained and expanded to include protection of Mrs.
Francisca Sales-Martín, and that "the civil defense patrols (currently the Voluntary
Civil Defense Committees) be disarmed and demobilized and that that decision be
made public in order to restore calm to the population." The Commission also
requested that the Government be required "to use all legal means necessary for
compliance and to report to that Honorable Court as soon as possible on the steps
taken and their results."
6.
On November 28, 1994, a public hearing was held at the seat of the Court in
San José, Costa Rica, to hear the arguments of the Commission and the Government
of Guatemala in this matter.