1.
That Guatemala has been a State Party to the American Convention since
May 25, 1978 and recognized the compulsory jurisdiction of the Court on March 9,
1987.
2.
That Article 63(2) of the Convention establishes that the Court may adopt
such
provisional measures as it deems pertinent in matters it has under
consideration, provided that they are "of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons [and that] with respect to a case
not yet submitted to it, [the Court] may act at the request of the Commission."
3.
That in that connection Article 25 of the Rules of Procedure provides that
1.
At any stage of the proccedings involving cases of extreme gravity and urgency
and when necessary to avoid irreparable damage to persons, the Court may, at the
request of a party or on its own motion, order whatever provisional measures it deems
appropriate, pursuant to Article 63(2) of the Convention.
2.
With respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
4.
That the request for provisional measures is connected with the Paniagua
Morales et al. Case, currently before the Court, and with the Vásquez et al. Case
(No. 11.448), currently before the Commission, which has declared that the
protective measures it adopted in the latter case have not yielded satisfactory
results.
5.
That the Commission requests the Court to call upon Guatemala to adopt
such provisional measures as may be "necessary to protect the lives and physical
safety of the members of the Vásquez family, including Oscar Humberto Vásquez,
Raquel Solórzano, Thelma Judith de Vásquez, Marvin Vásquez, and Lydia de
Vásquez."
6.
That, according to the Commission, the members of the Vásquez family are in
a situation of extreme gravity and urgency, and it is necessary for measures to be
adopted in order to avoid irreparable damage to them.
7.
That the Order of the President was issued in compliance with the applicable
norms and is in accordance with the proceedings in the instant case, for which
reason it is pertinent to ratify it in all its aspects.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Article 63(2) of the American Convention on Human Rights, in exercise
of the powers conferred on it by Article 25 of its Rules of Procedure,
RESOLVES:
1.
To ratify the Order of the President of February 10, 1998.
2.
To call upon the State of Guatemala to maintain the measures adopted in
compliance with the Order of the President of the Inter-American Court of Human
Rights for the effective safeguard of the personal safety of the members of the
Vásquez family, including Oscar Humberto Vásquez, Raquel de Jesús-Solórzano,