ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 22, 2011
PROVISIONAL MEASURES WITH REGARD TO GUATEMALA
MATTER OF THE FORENSIC ANTHROPOLOGY
FOUNDATION OF GUATEMALA
HAVING SEEN:
1.
The Orders of the Inter-American Court of Human Rights (hereinafter “the Court” or “the
Inter-American Court”) of July 4, 2006, November 21, 2007, and January 26, 2009, in which it
ordered the adoption of provisional measures and the maintenance of those existing in favor of
the members of the Forensic Anthropology Foundation of Guatemala (hereinafter “FAFG” or “the
Foundation”) and eight family members of Fredy Armando Peccerelli, Executive Director of the
Foundation. In the last of these orders, the Court decided:
1.
To request the State to maintain the measures it has adopted and to adopt, forthwith, all
such measures as may be necessary to effectively protect the rights to life and personal integrity of
the beneficiaries of these measures as established in the Order of July 4, 2006 (first operative
paragraph) and in accordance with the commitments made by Guatemala […].
2.
To call upon the State to take the necessary steps to ensure that the measures of
protection ordered in the Order are planned and implemented with the participation of the
beneficiaries or their representatives so that the measures are undertaken promptly and effectively
and, in general, to keep them informed of progress in the implementation of the measures […].
3.
To require the State to continue reporting to the Inter-American Court of Human Rights
every two months about the provisional measures adopted. In particular, it [was] essential that the
State report on the specific results achieved, based on the individual protection needs of the
beneficiaries of these measures and in accordance with the commitments made by the State in the
context of these measures. [...T]he State must report, inter alia, on: (a) the security measures
adopted in favor of the children Tristán Collin Peccerelli Valle and Ashley Corienne Peccerelli Valle
[…]; (b) the provision of police escort services during transfers and during the exhumations
conducted by the beneficiaries […], and (c) the investigation into the facts that led to the adoption
of the provisional measures […].
[…]
2.
The briefs of January 28, June 1 and December 11, 2009, March 26, July 8, September
22 and November 9, 2010, and January 14, 2011, of the Republic of Guatemala (hereinafter
“the State” or “Guatemala”) in which it referred to the implementation of these provisional
measures; and also the brief of September 2, 2010, and its attachments, presented during the
public hearing held in the instant case (infra sixth having seen paragraph).
3.
The briefs of February 20, 2009, January 28, May 20, October 25 and December 13,
2010, and February 18, 2011, and their attachments, in which the representatives of the
beneficiaries of these provisional measures (hereinafter “the representatives”) submitted their