reflected in the measures implemented; rather Guatemala must inform the beneficiaries or their
representatives, as well as this Court, of the said results in particular, and also indicate the
measures it will adopt based on these results, before adopting them. Moreover, the Court
recalls that these measures were granted because of the threats received by members of the
FAFG in relation to the Foundation’s work identifying and recovering mortal remains.10 It
therefore urges the State to bear in mind the observations of the representatives and the
Commission as regards taking into consideration in the said assessments the type of work
performed by the beneficiaries. Therefore, the Court requests the State, in its next report on
the implementation of these measures, to present pertinent information on the said risk
assessments, as well as the specific, adequate and sufficient measures and means of protection
that have been implemented in keeping with these assessments.
19.
In relation to the representatives’ request to lift these measures with regard to specific
individuals who no longer work for the Foundation, as well as to “extend them” to others who
currently form part of its work team (supra considering paragraph 11), the Court observes that
neither the State nor the Commission referred to this request by the representatives.
20.
Regarding the individuals for whom the representatives request the lifting of these measures,
in view of the lack of objection by the parties, and as it has previously in relation to this matter,11 the
Court admits and finds it appropriate to lift the provisional measures granted in favor of the 23
beneficiaries who no longer work for the FAFG (supra considering paragraph 11).
21.
However, with regard to the expansion of the provisional measures requested by the
representatives to the current employees of the FAFG who did not work at the said organization
in 2006 when the measures were granted, the Court finds it pertinent to recall that reading
Article 63(2) of the American Convention together with Article 27(2) of the Court’s Rules of
Procedure reveals that the Court may order the adoption of provisional measures in matters not
yet submitted to its consideration at the request of the Commission. In this regard, it reiterates
that, when processing these matters, it is for the Inter-American Commission to explain to the
Court the universe of beneficiaries of the provisional measures adopted at its request,12 so that,
in the absence of an express request from the Commission, the Court cannot expand the
protection of the provisional measures ordered in this matter.13 Thus, in keeping with the
provisions of the Convention and the Rules of Procedure that regulate the adoption of
provisional measures (supra considering paragraph 1), the request for expansion made by the
representatives cannot be considered, because it was not submitted by the Inter-American
Commission.
B. Regarding the coordination and implementation of the security measures
during the transfers to the exhumations and their execution
10
Cf. Matter of the Forensic Anthropology Foundation of Guatemala. Provisional measures with regard to
Guatemala. Order of the President of the Court of April 21, 2006, eighth considering paragraph, and Matter of the
Forensic Anthropology Foundation of Guatemala. Provisional measures with regard to Guatemala. Order of the Court of
July 4, 2006, ninth considering paragraph.
11
Cf. Matter of the Forensic Anthropology Foundation of Guatemala. Provisional measures with regard to
Guatemala. Order of the President of the Court of August 21, 2007, sixth considering paragraph, and Matter of the
Forensic Anthropology Foundation of Guatemala. Provisional measures with regard to Guatemala. Order of the Court of
November 21, 2007, sixth considering paragraph..
12
Cf. Matter of Matter of the Jiguamiandó and the Curbaradó Communities. Order of the Court of August 30,
2010, seventeenth considering paragraph.
13
Cf. Matter of Matter of the Jiguamiandó and the Curbaradó Communities. Order of the Inter-American Court of
Human Rights of November 17, 2009, twenty-third considering paragraph, and Matter of Jiguamiandó and the
Curbaradó Communities. Order of the Court of August 30, 2010, supra note 12, seventeenth considering paragraph.
8