2
State regarding compliance with the Judgments rendered in the instant case, to hear
the comments of the Commission and the representatives in that regard, and to
receive information about the State’s request to lift the provisional measures.
7.
The private hearing held at the seat of the Court in San José de Costa Rica on
January 20, 2009.1 During the course of said private hearing the State, the
Commission and the representatives made reference to the obligations that have yet to
be performed in the instant case, namely: location of the mortal remains of BámacaVelásquez, their exhumation in the presence of his widow and next of kin, and
subsequent release to them (first operative paragraph of the Judgment on
reparations); investigation of the facts that gave rise to the violations of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”) and the Inter-American Convention to Prevent and Punish Torture
(hereinafter “the IACPPT”), identification and punishment of those responsible therefor
as well as public disclosure of the results of the respective investigation (eighth
operative paragraph of the Judgment on the merits and second operative paragraph of
the Judgment on reparations); and adoption of such legislative or other measures as
may be necessary to adapt the Guatemalan legal system to international human rights
and humanitarian law standards, and to effectively enforce said standards at the
domestic level (fourth operative paragraph of the Judgment on reparations).
B)
Provisional Measures
8.
The Orders of the President of the Court of June 30, 1998, December 20, 2002
and September 26, 2003 and the Orders of the Court of August 29, 1998, September
5, 2001, February 21 and November 20, 2003 and March 11, 2005. In this last order
the Court decided, inter alia:
1.
To call upon the State to maintain all necessary measures to protect the life and safety
of the following persons: Santiago Cabrera-López, Alfonso Cabrera-Viagres, Maria Victoria
López, Blanca Cabrera, Carmenlinda Cabrera, Teresa Aguilar-Cabrera, Olga Maldonado, Carlos
Alfonso Cabrera, José León Bámaca-Hernández, Egidia Gebia Bámaca-Velásquez, Josefina
Bámaca-Velásquez, Alberta Velásquez, Rudy López-Velásquez and all other members of the
Bámaca-Velásquez family who are permanently residing in Guatemala, Emerita Mendoza,
Wendy Pérez-Álvarez, Sulni Madeli Pérez-Álvarez, José Oswaldo Pérez-Álvarez, Jacobo Álvarez,
José Pioquinto Álvarez, Alez Javier Alvarez, Germán Aníbal de la Roca-Mendoza, Kevin Otoniel
de la Roca-Mendoza, Blanca Noelia Meléndez, Aron Álvarez-Mendoza and his family and all
other members of Mr. Otoniel de la Roca-Mendoza’s family who are permanently residing in
Guatemala.
2.
To call upon the State to investigate, forthwith, the facts that led to the adoption of
these provisional measures in order to identify the perpetrators and punish them accordingly.
3.
To request the State to allow the representatives of the beneficiaries to participate in
the planning and implementation of the measures of protection and, in general, to keep them
informed of progress in the provisional measures ordered by the Inter-American Court.
[…]
1
The followings persons appeared at the hearing: on behalf of the Commission, Lilly Ching; on behalf
of the representatives, Jennifer Harbury, relative of the victim, and Gisela De León, Francisco Quintana and
Marcela Martino from the Center for Justice and International Law (CEJIL) and, on behalf of the State, Ruth
del Valle-Cóbar, Chairman of the Presidential Human Rights Executive Policy Coordinating Commission
(COPREDEH); Delia Marina Dávila-Salazar, Agent, and Vivian Nohemí González-Westendorff, alternate
Agent.