2
c)
In addition to the work it had been performing for several years to
determine the damage to the mental integrity of the survivors of the massacre,
the ECAP became even more closely bound to the affected communities under
the Court’s Judgment of Reparations of November 19, 2004, pursuant to which
the ECAP “must have an active involvement” in the committee created by the
State, which is in charge of assessing the physical and psychological state of
the victims;
d)
ever since the passing of said Judgment, the ECAP has been
participating in a number of activities aimed at complying with the reparation
measures benefiting the survivors of these communities from the Municipality of
Rabinal (hereinafter “the Municipality” or “Rabinal”), Baja Verapaz; and
e)
currently, the ECAP has a psychosocial support team that assists in
exhumation processes providing psychological assistance for individuals and
communities seeking disappeared relatives.
3.
The alleged facts upon which the request for provisional measures filed by the
CALDH is based, to wit:
a)
on September 13, 2006, Bonifacio Osori Ixpatá,1 a mental health
promoter at the ECAP’s offices in Rabinal, was held up in Metronete, City of
Guatemala, by three youngsters while waiting for the van to the ECAP’s offices.
He was robbed of all work records of the communities involved in the Judgment
in the case of Plan the Sánchez Massacre;
b)
on September 30, 2006, Bonifacio Osocio-Ixpatá was watched and
followed at various points in the Municipality for several hours by an Isuzu
vehicle with tinted windows and no license plate; and
c)
on October 2, 2006, two copies of a note containing a death threat
against the members of the ECAP were received at its offices. The notes
contained the following message: “URGENT. Salamá, October 2006. This is for
all of you working in this organization. You should be careful, as you’re spotted
for a kidnap and for something else, because some of you are working on
exhumation. Take special care of the guy who's been meeting up with the
people of [P]lan de [S]ánchez. Don't travel anywhere or hold meetings on
October 2. I'm just doing you a favor. Don't try to find out who I am because I
don't want to get into trouble. Just find out about the organization Hell's Angels.
Please, pass this on to the Spanish psychologist, who is also in danger. Take
care before you regret it. I hope you will return this favor in the future".
4.
The arguments of the CALDH to base its request for provisional measures,
including the following:
a)
the threats are aimed at those in direct contact with the Plan de Sánchez
community, and at the psychosocial support team assisting in exhumations. The
threat mentions psychologist Nieves Gómez Dupuis, who appeared as an expert
witness before the Court in the Case of the Plan de Sánchez Massacre and still
works with the communities, and Bonifacio Osorio-Ixpatá, who regularly meets
with the victims and survivors of the massacre;
b)
the day the note was received, three members of the ECAP were staying
at the offices in Rabinal for the night in order to travel by night, so the author
of the note was aware of the movements of the members of the ECAP, both of
1
The proper spelling of Mr. Bonifacio Osorio’s second surname is Ixpatá, not “Ixtapá”, as it appears
in the Order of the President of the Court of October 20, 2006.
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