ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 19, 1998
PROVISIONAL MEASURES REQUESTED BY THE
INTER-AMERICAN COMMISSION OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF GUATEMALA
PANIAGUA MORALES ET AL. AND
VÁSQUEZ ET AL. CASE (N. 11.448)
HAVING SEEN:
1.
The proceedings in the Paniagua Morales et al. Case, currently before the
Inter-American Court of Human Rights (hereinafter "The Court" or the "InterAmerican Court"), and the transcription of the testimony rendered by Mr. Oscar
Humberto Vásquez and Ms. Raquel de Jesús Solórzano at the public hearing on the
merits of the aforementioned case held at the seat of the Court on September 22, 23
and 24, 1997.
2.
The brief of the Inter-American Commission on Human Rights (hereinafter
"the Commission" or "the Inter-American Commission") of February 5, 1998, in
which it requested the Court, pursuant to 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
"provisional measures to protect the lives and physical integrity of the members of
the Vásquez family, including Oscar Humberto Vásquez, Raquel Solórzano, Thelma
Judith de Vásquez, Marvin Vásquez and Lydia de Vásquez." The Commission pointed
out that the request was made in relation to two cases: the Paniagua Morales et al .
Case, currently being heard before the Court, and the Vásquez et al . case (No.
11.448), currently before the Commission.
As the basis of its request, the
Commission informed the Court that:
[o]n January 24, 1998 Mr. Oscar Humberto Vásquez, son of Mr. Oscar Vásquez (victim in
the White Van case) and witness who had testified before the Honourable Court in
September 1997, had been unlawfully detained by a group of three unknown men who
launched a severe physical attack on him and threatened to kill him.
The Commission likewise informed the Court that the persons who deprived Mr.
Vásquez of his liberty told him "to stop looking for problems if he did not wish to
end up like his father and brother," who had been murdered five days before the last
hearing held by the Commission on the Paniagua Morales et al. Case (September 11,
1994). According to the Commission, when Mr. Vásquez attempted to lodge a
complaint concerning his detention and the attacks of which he had been victim, the
Attorney-General's Office ("Ministerio Público") refused to receive it, "arguing that he
should have gone immediately after the events occurred."
3.
The declarations of the Inter-American Commission in its brief requesting
provisional measures, whereby on December 13, 1994 it requested the State of
Guatemala (hereinafter "the State" or "Guatemala") to adopt protective measures to
safeguard the lives, personal safety and liberty of Oscar Ricardo Vásquez-Monroy,