2
[…]
4.
The September 1, 1998 Order of the Court, wherein the Tribunal considered
that “Otoniel de la Roca Mendoza […] did not subm[it] his testimony before the
Court during the public hearing held by the Tribunal at its seat on June 16, 17, and
18, 1998” wherein it decided:
1.
To summon the State of Guatemala and the Inter-American Commission on
Human Rights to a public hearing to be he[ld] at the seat of the Organization of
American States in Washington D.C., United States of America, at 10:00 a.m. on
October 15, 1998, to hear the declarations of the following witnesses:
witnesses proposed by the Inter-American Commission:
[…]
Otoniel de la Roca Mendoza, who would declar [e] about the torture and detention of
Efraín Bámaca Velásquez in March 1992.
[…]
5.
The transcript of the public hearing held on October 15, 1998 in Washington
D.C., United States of America- wherein a commission composed of the judges
Salgado Pesantes, Cançado Trindade, and Abreu Burelli, heard the testimony of Mr.
Otoniel de la Roca Mendoza in regard to the Bámaca Velásquez Case.
6.
The Inter-American Court of Human Rights Judgment on the merits, delivered
on November 25, 2000.
7.
The Order of the President regarding provisional measures on February 16,
2001, wherein he considered:
[…]
3.
[t]he first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth,
eleventh, twelfth, and thirteenth report of the State of Guatemala […], wherein it
informed the Court that the protection measures consisted in a 24-hour patrolling of the
beneficiaries [Santiago Cabrera and next of kin] and that as a result of the visits, it has
been confirmed that the beneficiaries “have not been subject to any threats or damage
whatsoever.”
4.
The observations of the Inter-American Commission on Human Rights […] about
the third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth State
reports, wherein it challenged the way Guatemala was complying with the measures
adopted by the Court.
[…]
And wherein it summoned the Commission and the State of Guatemala (hereinafter
“the State”) to a public hearing on March 13, 2001, since there was a disagreement
between the parties about the measures adopted by the State.
8.
The communication of the representatives of the victims and next of kin, the
Center for Justice and International Law (CEJIL) (hereinafter “the representatives of
the victims” or “the representatives”) on June 26, 2001, wherein they informed on
the risky situation faced by Mrs. Blanca Noelia Meléndez and the children of Mr.
Otoniel de la Roca Mendoza, the latter who “[i]n 1997, […] left Guatemala as the
only possible way to guarantee his life and liberty.”
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