2
June 26, 1996, at 4:00 p.m., so that the Court may hear their views on the events and
circumstances that led to the request for provisional measures and to this Order.
The Order of the President was based on the following considerations:
3.
That Article 1(1) of the Convention sets forth the obligation of the States Parties
to respect the rights and freedoms recognized in that treaty and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms.
4.
That, as the Commission points out in its request for provisional measures, the
background information presented in this case effectively constitutes "a prima facie case
of urgent and grave danger to Father Daniel Vogt's life and the integrity of his person."
5.
That the Inter-American Commission has taken precautionary measures on
three occasions, pursuant to Article 29 of its Regulations, and that they have not to date
had the required effect, it has become a special circumstance making it incumbent on
the President of the Court to request urgent measures to preserve Father Daniel Joseph
Vogt's life and the integrity of his person and avoid irreparable damage to him.
6.
That the Government has the obligation to prevent violations of human rights
and to investigate the events that led to this request for provisional measures in order to
identify those responsible and punish them appropriately so as to prevent any recurrence
of the events.
4.
On May 14, 1996 the Government presented to the Court its first report, in
which it stated that no situation of extreme urgency existed in the Municipality of El
Estor, "since Father Daniel Joseph Vogt is living and moving about in this and other
communities and even traveling abroad in all tranquillity."
5.
The Commission's observations of May 30, 1996 on the Government's first
report, in which it stated that "Father Daniel Joseph Vogt's situation is still one of
'extreme gravity and urgency' ... It is of the utmost importance that the Government
of Guatemala fully comply with the Orders of the Illustrious Court, adopting the
necessary measures to protect Father Vogt's life and the integrity of his person."
6.
That on June 25, 1996, the Government presented its second report, in which
it stated that Father Daniel Joseph Vogt was still receiving the necessary protection:
so that the day and night patrols provided by the police department to protect Father
Vogt are in effect ... communications are open between the police authorities and Father
Vogt and the members of the El Estor Pro-Defense Committee, [and] as far as the
proceedings connected with this case are concerned ... the investigation into the threats
and harassment are going forward ... [also] the Second Court of First Instance was
asked to issue a warrant for the arrest of Mr. Adrián Coc-Coc, accused of making the
threats to the priest in question.
7.
The public hearing held on June 26, 1996 at the seat of the Court and
attended by:
for the Government of Guatemala:
Cruz Munguía Sosa, representative
for the Inter-American Commission on Human Rights:
David J. Padilla, attorney
Denise Gilman, attorney