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extreme gravity and urgency still existed. In this regard, it stated that "at least one
threat has occurred since the Order of the Court, the investigation of the Ministry of
Public Affairs has been slow and ineffective and those accused of harassing the
protected persons are still at large."
6.
The public hearing held on June 27, 1996 at the seat of the Court, which was
attended by:
for the Government of Guatemala:
Cruz Munguía Sosa, representative;
for the Inter-American Commission on Human Rights:
David J. Padilla, attorney
Denise Gilman, attorney
Frank Larue, assistant
William Harrell, assistant
The Commission called as a witness Mrs. Blanca Margarita Valiente de Similox whose
statement was heard.
At that hearing attention was drawn to the fact, firstly, that the Government had
taken measures to protect the lives and physical integrity of the persons named in
the Order of the President, that the events were currently under investigation and
that orders had been issued to capture those allegedly responsible. Secondly, the
Commission maintained that, while it recognized that the Government had taken
positive measures, they had been inadequate, especially as regards the duty to
investigate the events denounced, which was tantamount to a situation of impunity.
CONSIDERING:
1.
That Guatemala is a State Party to the American Convention, which sets forth
in its Article 1(1) the obligation of the States Parties to respect the rights and
freedoms recognized in that treaty and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, and that on
March 9, 1987 Guatemala had accepted the jurisdiction of the Court in accordance
with Article 62 of the Convention.
2.
That Article 63(2) of the American Convention provides that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under consideration. With respect to a case not yet submitted
to the Court, it may act at the request of the Commission.
3.
That the Court has examined the circumstances and events that led to the
Order of the President of April 24, 1996, which this Court confirms, considering it to
be consistent with the law and the merits of the proceedings.
4.
That the Court, having studied the arguments adduced by the Government
and the Commission, observes that Guatemala has taken some measures to protect