2 3. The Order of the President of the Court (hereinafter, “the President”) of November 18, 2008, whereby, in consultation with the other Judges of the Tribunal, she decided to convene the Inter-American Commission on Human Rights (hereinafter, “the Commission” or "the Inter-American Commission"), the State and the beneficiaries’ representatives (hereinafter, “the representatives”) to a private hearing to enable the Court to obtain information from the parties about the request to lift the provisional measures. 4. The private hearing held at the seat of the Court, in San José de Costa Rica, on January 20, 2009.1 During said hearing, the State, the Commission and the representatives referred to the provisional measures currently in force. Both the State and beneficiary Abraham Méndez-García submitted documents during the hearing. Likewise, the Court requested the representatives to submit a written report with separate and individual references to each of the beneficiaries of the measures and with a description of the concrete situations and facts that would currently constitute a situation of extreme gravity and urgency likely to cause irreparable damage. This request was reiterated in a note by the Secretariat of January 28, 2009. 5. The representatives' brief of February 20, 2009, whereby they submitted the information requested by the Tribunal (supra Having Seen clause 4). 6. The communication of March 12, 2009, whereby the Inter-American Commission submitted its comments on the representatives' brief. 7. The brief submitted by the State on May 4, 2009, whereby it reported on the implementation of the provisional measures. 8. The brief of June 16, 2009, whereby the Commission submitted its comments on the report of the State (supra Having Seen clause7). The representatives did not submit any comments. CONSIDERING: 1. That Guatemala has been a State party to the American Convention on Human Rights (hereinafter, “the Convention” or the “American Convention”) since May 25, 1978 and recognized the compulsory jurisdiction of the Court on March 9, 1987. 2. That the Court appreciates the extreme usefulness of the hearing held to learn about the status quo regarding the provisional measures. 3. That, pursuant to the orders adopted between 1995 and 2004 (supra Having Seen clause 1), the State has an obligation to implement such protective measures as may be necessary to preserve the life and personal integrity of Mrs. Martha Arrivillaga de Carpio, Mrs. Karen Fischer, Messrs. Jorge Carpio-Arrivillaga, Rodrigo CarpioArrivillaga, Abraham Méndez-García, the latter’s wife and children, and young Rodrigo 1 Pursuant to Article 6(2) of its Rules of Procedure, the Court held a hearing with a committee of Judges composed by: Judge Diego García-Sayán, Vice-president; Judge Leonardo Franco and Judge Rhadys Abreu-Blondet. At this hearing there appeared, on behalf of the Inter-American Commission: Juan Pablo Albán-Alencastro; on behalf of the beneficiaries and their representatives: Abraham Méndez and Karen Fischer, beneficiaries; on behalf of the Center for Justice and International Law (CEJIL): Gisela De León and Marcela Martino del Centro; and on behalf of the State: Ruth del Valle-Cóbar, President of the Presidential Human Rights Executive Policy Coordinating Commission (COPREDEH), Delia Marina Dávila-Salazar, Agent, and Vivian Nohemí González-Westendorff, Deputy Agent.

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