7
7.
That provisional measures are of an exceptional nature; they are ordered in
function of the needs for protection and, once ordered must be maintained, provided
the Court considers that the basic requirements of extreme gravity and urgency and
the prevention of irreparable damage to the rights of the persons protected by them
subsist.3
8.
That the provision established in Article 63(2) of the Convention makes it
obligatory for the State to adopt the provisional measures ordered by the Court,
because, according to the basic principle of the law on the State’s international
responsibility, supported by international case law, the States must comply with their
treaty-based obligations in good faith (pacta sunt servanda).4
*
*
*
9.
That, from the information presented by the State, the Commission and the
representatives, it is clear that a situation of extreme gravity and urgency and of
possible irreparable damage to the right to life and integrity of the beneficiaries of
the urgent measures ordered by the President persists (supra Having seen
paragraph 7). In particular, it is worth emphasizing that, while the precautionary
measures ordered by the Commission were in force, Freddy Peccerelli, his family,
and FAAFG officials have received death threats, including three threats so far this
year (supra Having seen paragraphs 2(j) and (m), and 3(d) and (f)), all related to
the Foundation’s work concerning the identification and recovery of human remains.
10.
That, to date, the investigations to determine the person or persons
responsible for the threats against members of FAFG have not produced any results
(supra Having seen paragraph 2(l)).
11.
That the State has indicated that it is aware that the facts denounced have
not yet been clarified by the criminal prosecution body (supra Having seen
paragraph 9(f)). In addition, it stressed that the efforts made to date were
“insufficient to avoid and/or counteract the illegal acts committed against the
Peccerelli Monterroso family and the other members of the Guatemalan Forensic
Anthropology Foundation” (supra Having seen paragraph 9(h)).
12.
That the State has the specific obligation to protect those persons who work
in non-governmental organizations, as well as other groups or individuals who work
in favor of the defense of human rights, since their work makes a positive and
complementary contribution to the efforts of the State in its capacity as guarantor of
the right of all persons under its jurisdiction.5
3
Cf. the case of Ramírez Hinostroza et al. Provisional Measures. Order of the Inter-American Court
of Human Rights of March 30, 2006, seventh considering paragraph.
4
Cf. the case of the Mendoza Prisons. Provisional Measures, supra note 1, tenth considering
paragraph; the case of the Jiguamiandó and Curbaradó Communities. Provisional Measures. Order of the
Inter-American Court of Human Rights of February 2, 2006, seventh considering paragraph; and the case
of Haitians and Dominicans of Haitian Origin in the Dominican Republic case. Provisional Measures, supra
note 1, eighth considering paragraph.
5
Cf. the case of the Monagas Judicial Detention Center “La Pica”. Provisional Measures. Order of
the Inter-American Court of Human Rights of February 9, 2006, fourteenth considering paragraph.
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