ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
AUGUST 28, 2001
PROVISIONAL MEASURES
PANIAGUA MORALES ET AL. CASE
HAVING SEEN:
1.
The Paniagua Morales et al. Case now before the Inter-American Court of
Human Rights (hereinafter “the Court”) and the transcript of the statement given by
Mr. Manuel Alberto González Chinchilla at the public hearing that the Court held at its
seat on August 11 and 12, 2000, on the matter of reparations;
2.
The brief received from the Inter.-American Commission on Human Rights
(hereinafter “the Commission”) on January 26, 2001, wherein it informed the Court
of two bullet wounds that Mr. Manuel Alberto González Chinchilla sustained and that
thus far, even though a complaint was filed with the authorities, nothing had been
learned as to the identity of those responsible for this crime. The Commission asked
the Court to request the State of Guatemala (hereinafter “Guatemala” or “the State”)
“to provide information forthwith on the investigation into the assault, the measures
taken to ensure a prompt and effective investigation, and the investigation’s
findings”;
3.
The Court’s January 29, 2001 Order, wherein it decided:
1.
To call on the State of Guatemala to adopt all necessary measures to protect
the life and safety of Manuel Alberto González Chinchilla.
2.
To call on the State of Guatemala to investigate the facts indicated and report
on the situation of the said person, and on the measures adopted to comply with this
Order, by February 8, 2001, at the latest.
3.
To call on the State of Guatemala, to present reports on the provisional
measures adopted in this case every two months from the date of notification of this
Order, and on the Inter-American Commission on Human Rights to submit its comments
on those reports within six weeks of receiving them.
4.
The February 26, 2001 submission from Guatemala wherein it reported the
measures of protection adopted for Manuel Alberto González Chinchilla;
5.
Guatemala’s June 26, 2001 submission wherein it advised that the
harassment that the minor Manuel Alberto González Chinchilla had experienced was
due “to personal problems with a gang of hoodlums” and that the State was
providing the minor with protection to and from the high school where he was a
student;
6.
The letter from the representative of the individual under protection, attached
to the Commission’s August 6, 2001 submission (infra paragraph 7 under Having
Seen:), wherein the representative requests that the measures ordered by the Court
be lifted;