2.
To request that the State of Guatemala keep in place the measures adopted
pursuant to the order of the President of the Inter-American Court of Human Rights, to
effectively guarantee the personal safety of the members of the Vásquez family,
including Oscar Humberto Vásquez, Raquel de Jesús Solórzano, Thelma Judith de
Vásquez, Marvin Vásquez and Lydia de Vásquez, and that it inform the Court of the
measures taken to investigate the attack and threats made against the first of these.
3.
To request that the State of Guatemala continue to submit, every two months,
its reports on the measures adopted.
4.
To request that the Inter-American Commission on Human Rights present,
without delay, its observations on the State’s periodic reports within six weeks of the
date on which they are conveyed to it.
4.
The brief filed by the Commission on November 24, 1998, wherein it stated
that “in its view, [the measures adopted by the Court in these cases] could be lifted”
since the petitioners had already advised the Commission that “the security situation
of the persons in question has improved of late and it is their opinion that the proper
course of action would be for the Court to request that the measures ordered be
lifted.” It also pointed out that:
[the Commission] is of the view that a request for provisional measures and for their
extension should be submitted when the circumstances point to an existing situation “of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons.” Consequently, if the current circumstances do not warrant the application of
such special measures, they can be lifted.
It further noted out that:
[it] supplied this information to the Honorable Court on the understanding that the
Commission will continue to monitor the situation in question as it processes the case
and, should the situation so warrant, it would again request that such measures be
ordered.
CONSIDERING:
1.
That Article 63(2) of the American Convention on Human Rights provides
that:
In cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
2.
That in the instant case, according to the Commission’s brief, the situation of
extreme gravity and urgency that prompted adoption of the provisional measures no
longer obtains.
NOW THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25(1)(2) of the Rules of Procedure,
RESOLVES: