3
In the fourteenth report, it stated that on November 18, 1999, a meeting was held between
representatives of the Public Ministry, the National Civil Police, the Office of the Prosecutor
for Human Rights, the Presidential Commission for Coordination of the Human Rights Policy
of the Executive Branch (COPREDEH) and a representative of the beneficiaries “at which the
actions necessary to recapture the persons who escaped from the Huehuetenango prison on
April 30 [1999] were discussed and coordinated.” The Commission also repeated “the
urgent need to capture the twelve former patrol members, because the fact that they are at
liberty accentuates the tension in the locality of Barranca in the municipality of Colotenango,
and also the risk of those protected.”
11.
The observations of the Inter-American Commission to the State’s fifteenth report in
which it stated that the petitioners’ concern has increased, on the one hand, due to the
declarations that, according to the petitioners, the District Prosecutor gave during the last
working meeting when he indicated that “he had express orders from the Office of the
Prosecutor General of Guatemala not to take any steps in this case” and, on the other hand,
because, according to the petitioners, “the escaped former patrol members have frequently
been seen in public places in Colotenango, [...] they had stated that they had the support of
the armed forces and that they [would] not be detained again.”
12.
The observations of the Inter-American Commission, in which it refers to the fact
that the alleged threats against María García Domingo, Natividad Pérez Godínez, Viviana
Rucux Quilá y Francisca Sales, Alberto Godínez, Marcos, Juan and Ramiro Godínez Pérez,
Federico Arturo Méndez Ortíz and Alfonso Morales have not been investigated. In the
observations to the thirteenth report, it was established that:
[t]he daughter of Lucía Quilá, Viviana Rucux Quilá, was abducted on July 21, 1999. She was going
to give evidence to the United Nations Rapporteur on Children in the office of the Office of the
Prosecutor for Human Rights, but before this, she had to pass by the offices of CONAVIGUA. When
rd
th
she alighted from the autobus in Zone 1, at 3
Avenue and 15
Street, several men massed
around her and forced her to go with them. While they were walking, they put a rag over her nose
and anaesthetized her; when she woke up she was in Colón Park, also in Zone 1 and it was July
22. Meanwhile, Lucía Quilá, who was waiting for her daughter in CONAVIGUA, received two
telephone calls from a woman at approximately 10.00 a.m. and 12.14 p.m. on July 21. They
requested a ransom of Q5000, insisting that if she wanted to see her daughter she should leave
the money in front of the Cathedral of Guatemala at 6.00 p.m. and that she should not denounce
the fact to the police. Mrs. Quilá left the money in the railings in front of the Cathedral and, as her
st
daughter did not appear, at midnight on the 21 she denounced the fact to the police. The police
nd
arrived at the CONAVIGUA installations on the 22
and their arrival coincided with Viviana’s
arrival at the office; she had just woken up in Colón Park. The police were informed that the
person who called Lucía to request the ransom, told her that she knew her, that she knew she
worked for CONAVIGUA and that she followed all her movements.
Lastly, the Commission requested the Court that Guatemala “should provide information on
the specific measures that it has taken to investigate the recent threats reported by the
petitioners” and that “it should immediately take real and effective measures to protect the
life and integrity of the beneficiaries of such measures.”
13.
The note of the Secretariat of the Court of January 25, 2000, in which it reminded
the State that its sixteenth report should have been forwarded the previous day.
CONSIDERING:
1.
That Article 63.2 of the American Convention establishes that, in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,” the