3
4.
That Guatemala has requested the Court to lift the provisional measures
adopted in the instant case, since it considers that it has complied with them; it has
maintained the Court informed on the situation of Justo Victoriano Martínez-Morales
who –as it indicates—has not been, to date, the target of any threats or real danger
whatsoever in relationship to the instant case; and since it considers that the latter
has come to an end in its entirety before the Inter-American System. It furthermore
requested that the obligation to report periodically to the Court on said measures be
ended.
5.
That the Inter-American Commission opposed said request on the grounds
that there is no causal relationship between the adoption of the measures and the
payment of the indemnification to the relatives of Mr. Blake. Also, with respect to
the reports, it did not oppose the reporting by the State to the Court every six
months.
6.
That Article 1(1) of the Convention points out the obligation that the States
Parties have to respect the rights and freedoms therein recognized, and to ensure to
all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms.
7.
That, as an essential element of the duty to protect, the State has the
obligation to investigate threats and acts of intimidation that may have been made
and could be made against the persons protected and, in the event of their
occurrence, to punish those responsible for the events that gave rise to the adoption
of the provisional measures.
8.
That the Court, through its Secretariat, has requested that the State submit
all the information relative to the investigations carried out with respect to the
threats that gave rise to the adoption of the current provisional measures on behalf
of Mr. Justo Victoriano-Martínez and his family, whose delivery the Court shall be
expecting.
9.
That, in respect of the information requested from the State, this Court feels
that, for the time being, the lifting of the provisional measures is not justified.
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
Pursuant to Article 63(2) of the American Convention, and in exercise of the powers
conferred on it by Article 25 of its Rules of Procedure,
DECIDES:
1.
To request that the State of Guatemala maintain all the measures necessary
to protect the lives and personal integrity of Justo Victoriano Martínez-Morales,
Floridalma Rosalina López-Molina, Víctor Hansel Morales-López, Edgar Ibal MartínezLópez, and Sylvia Patricia Martínez-López.
2.
To request that the State of Guatemala inform the Court on the measures
adopted to investigate the threats against said persons, in conformity with the