2
4.
The Order of the Court of September 10, 1996, in which it continued the provisional
measures adopted in its Order of September 1995, and extended by Order of February 1,
1996.
5.
The reports of the State of Guatemala, received in the Secretariat of the Tribunal on
September 30 and December 3, 1996; January 27, April 4, and June 4, 1997. In this last
report, the State reported that:
[t]he respective orders of the Department of Criminological Investigations have been reiterated
by the General Office of the National Police to continue the investigations to clarify the threats
and harassment of which the mentioned persons claim to have been victim.
In regards to the investigation being carried out by the Public Ministry, this entity has reported
that the investigation is continuing for the clarification of the events.
6.
The briefs containing the observations of the Inter-American Commission on Human
Rights (hereinafter “the Commission” and the previous reports, received in the Court on
November 1, 1996, February 4, and March 31, 1997.
7.
The observations of the Commission of June 13, 1997, in which it requested the
Court to order the State to comply with the provisional measures previously adopted in the
Orders of the Court, specifically to:
1.
adopt without delay the measures necessary to efficiently ensure the protection of life
and physical integrity of : Marta Elena Arrivillaga de Carpio, Karen Fisher and Lorraine Fisher.
2.
to seriously investigate the threats, and acts of intimidation that the victims have
suffered in this case and that they be opportunely denounced.
8.
The observations of the Commission of July 16, 1997, in which it reported that the
petitioners had “stated that, contrary to what the Government says, the case No. 101197... that deals with the threats and intimidation against the victims, has been closed”. As
a result, the Commission requested that the Court call upon the State to report on “the
situation of case No. 1011-97, and on the concrete advancements in the investigations of
the properly denounced threats and intimidation”.
9.
The brief of the Commission of August 26, 1997, in which it presented the Court a
copy of the judicial resolution, ordering the closing of the proceedings in the investigation of
threats made against the persons protected by the provisional measures adopted in this
case, since the individuals responsible could not be identified during the investigation.
10.
The twentieth report of the State of September 3, 1997, in which it referred to the
security measures provided to Marta Arrivillaga, widow of Mr. Carpio, Karen Fischer de
Carpio, and it communicated that Ms. Lorraine Marie Fischer Pivaral did not have any type
of security at the moment.
CONSIDERING:
1.
That Guatemala is a Party to the American Convention on Human Rights in which
Article 1(1) sets forth the obligation of the State Parties to respect the rights and freedoms
recognized in that treaty and to ensure their free and full exercise to all persons subject to
its jurisdiction, and that on March 9, 1987, Guatemala accepted the compulsory jurisdiction
of this Court pursuant to Article 62 of the Convention.