2
b.
that on “December 11, 2002, during the morning, 6 armed men,
wearing ski masks, came to Egidia [Bámaca]’s home[…], and after beating
her and threatening to kill her they searched her house seeking (according to
the sign they made to each other, rubbing the thumb and index finger of their
right hand) cash.” Also, “[t]wo of them had knives such as ‘cuta’ type
machetes [...] and four more had firearms, apparently high caliber;”
c.
that “[a]ccording to the information received by CEJIL, the blows
received by Egidia [Bámaca] were given with the side of the machete and the
palm of their hands, she defended herself with a board on which the machete
blows fell. Due to this [...] the physical damage was not too grave;”
d.
that “[a]fter completely disarranging [Egidia Bámaca’s] house,
searching under the mattresses and within the chests (small wooden boxes
where clothes and valuable objects are kept) the aggressors did not take any
of their belongings;”
e.
that due to the above, “the woman [Egidia Bámaca] and her family, as
well as José León [Bámaca] are not in their customary place of residence,”
and
f.
the representatives of the victims deem that “these facts merit
immediate and extensive investigation by the Guatemalan judicial authorities,
since the aggressors apparently were seeking cash in Edigidia [Bámaca]’s
home, until the investigation moves forward it is not possible to discount the
involvement of a member linked to the State security forces who intend to
continue carrying out acts of repression against the Bámaca family.”
4.
The annex to the request for Provisional Measures filed by the representatives
(supra Having Seen 2) in which they submitted a request by Mrs. Jennifer Harbury
stating that “[o]f [her] three sisters in law, each of the three ha[d] recently suffered
intimidation [and] [a]lso a group of armed and masked men ha[d] badly beaten
Egidia Bámaca[;]” that Alberta Velásquez’s family received messages from neighbors
saying that armed persons were searching and inquiring for her husband and son
[and that] they heard strangers on the street commenting on possible acts of
violence against ‘the Bámaca family’ [for which reason] Alberta [Velásquez]’s
children stopped going to school, and they all stayed locked up in their house until
[November], when they were able to move to another place” and that Josefina
Bámaca Velásquez “fled to her house on the farm called El Tablero, because armed
men entered her [...] home [and] it was obvious that they wanted to steal, and that
they were looking for something.”
5.
The December 20, 2002 Order of the President of the Court (hereinafter “the
President”) in which he decided:
1.
To order the State to adopt, forthwith, such measures as may be
necessary to protect the life and the right to humane treatment of José León
Bámaca Hernández, Egidia Gebia Bámaca Velásquez, Josefina Bámaca
Velásquez, Alberta Velásquez, Rudy López Velásquez and the other members
of the Bámaca Velásquez family who live permanently in Guatemala.
2.
To order the State to allow the representatives of the victims to
participate in planning and implementation of the protection measures and, in
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