ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
∗
OF SEPTEMBER 1, 2011
REQUEST FOR PROVISIONAL MEASURES REGARDING
THE REPUBLIC OF GUATEMALA
CASE OF GARCÍA AND FAMILY
HAVING SEEN:
1.
The brief of the representatives of the alleged victims 1 (hereinafter the
“representatives”) of July 26, 2011 and its attachments, in which they submitted to the
Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the
Court”) a request for provisional measures in accordance with Article 63(2) of the
American Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”) and Article 27 of the Court’s Rules of Procedure 2 (hereinafter “the Rules”),
for the purpose of requiring the Republic of Guatemala (hereinafter the “State” or
“Guatemala”) to protect the life and personal integrity of Mr. Luis Roberto Romero
Rivera.
2.
The alleged facts upon which the request for provisional measures submitted by
the representatives is based, namely:
a) since 2008 Mr. Romero Rivera has worked as the Director of the Special
Investigations Unit at the Office of the Human Rights Ombudsman, the body “in
charge of conducting investigations into cases of forced disappearances that
occurred during the internal armed conflict in Guatemala”;
b) Mr. Romero Rivera has worked on the investigation into the case of Mr. Edgar
Fernando García. In those criminal proceedings “the perpetrators who
participated in the unlawful detention and subsequent disappearance of Fernando
García were identified and prosecuted, and were sentenced to a forty-year prison
term.” The first instance ruling was confirmed in second instance. However, the
decision in “[t]he case is not yet final, given that the defense still has to file some
appeals.” The representatives also emphasized that a colonel has been arrested
and “is awaiting trial.” Said colonel held the position of Director of the National
Police at the time of the forced disappearance of Mr. García;
c) as to recent events to the detriment of Mr. Romero Rivera, they emphasized that
on July 21, 2011 “[at] approximately 09.30,” Mr. Romero Rivera and his assistant
were “followed by two vehicles.” The representatives provided a description of
those two vehicles. They added that the following day the Association of Military
Veterans of Guatemala published a communiqué in the newspaper La Prensa
∗
Judge Leonardo A. Franco informed the Court that, for reasons of force majeure, he was unable to be
present in the deliberation and signing of this Order.
1
The alleged victims in this case appointed the Grupo of Apoyo Mutuo as their representative.
2
Rules of Procedure of the Court approved on November 24, 2009, during its Eighty-fifth Regular
Period of Sessions held on November 16-28, 2009, and in force since January 1, 2010.