3
order to guarantee the right to life and physical integrity of Andrés Ramos-Godínez, Rafael
Vásquez-Simón, Juan Mendoza-Sánchez, Julia Gabriel-Simón, Miguel Morales-Mendoza, Lucía
Quila-Colo, and Fermina López-Castro.
2.
To call upon the State of Guatemala to submit its comments on the Commission's
request within one week of notification of this order.
3.
To call upon the State of Guatemala to investigate the events denounced by the InterAmerican Commission on Human Rights and punish those responsible.
4.
To submit this order for the consideration of the Court for pertinent effects at its next
Regular Session.
5.
To request that the State of Guatemala include in the reports it is to submit every two
months, pursuant to the order of the Court of April 16, 1997, the measures taken in accordance
with this Order, so as to bring them to the attention of the Tribunal.
10.
The brief presented by the State on June 23, 1997, in which it reported the capture
of Mr. Juan Velázquez, accused of the murder of Juan Chanay-Pablo, and the detention of
Nicolás Sánchez-López, Nicolás Santos-Domingo, and Pascual Godínez in connection with
the attack on Mr. Alberto Godínez, and that
the COPREDEH Regional Office in the Department of Huehuetenango had made the necessary
arrangements with the local authorities for expanding the provisional measures on behalf of
Andrés Ramos-Godínez, Rafael Vásquez-Simón, Miguel Morales-Mendoza, Lucía Quila-Colo, and
Fermina López-Castro.
11.
The July 24, 1997, brief from the Commission, in which it reported that Mr. Alberto
Godínez had undergone an operation on four tendons, as a result of wounds suffered in the
attack of which he was the victim on May 11 of this year. The Commission also reiterated
the need for the provisional measures to continue in force "to avoid irreparable damage to
the life and physical integrity of the persons protected" by them, because all the persons
allegedly responsible for the attack on Alberto Godínez and the arbitrary execution of Juan
Chanay-Pablo have not yet been detained.
12.
The second report from Guatemala, of September 4, 1997, from Guatemala
concerning the expansion of provisional measures, in which it stated that the members of
the COPREDEH Regional Office, accompanied by members of the National Police, had visited
the villages of Tlojate and Xemal, and the El Chorro housing estate in the municipality of
Colotenango, all places where the beneficiaries of the provisional measures reside. It also
reported that they had coordinated the expansion of the provisional measures with the local
authorities. It stated that the judicial process was still underway, that 12 of the fifteen expatrolmen were in detention and that one of them had died.
CONSIDERING:
1.
That Guatemala is a State Party to the Convention on Human Rights (hereinafter
"the Convention" or "the American Convention"), Article 1(1) of which sets forth the
obligation of the States Parties to respect the rights and freedoms recognized therein and to
ensure their free and full exercise to all persons subject to their jurisdiction, and that on
March 9, 1987, it accepted the jurisdiction of this Court, in accordance with Article 62 of the
Convention.
2.
That Article 63(2) of the American Convention provides that:
[i]n cases of extreme gravity or urgency, and when necessary to avoid irreparable damage to
persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act at the