15
Police of Huehuetenango offered to guard his residence with a night patrol after 8
p.m., to which he agreed.
39.
On September 21, 1995, the Inter-American Commission sent to the Court
its observations on the report submitted by Guatemala on September 6, 1995, in
which it reiterated that a case of extreme urgency did exist for the
aforementioned reasons, and that the threats extended to Mr. Justo Victoriano
Martínez-Morales' family.
40.
Through its Order of September 22, 1995, the Court adopted provisional
measures, ratified the Order of the President of August 16, 1995, and requested
the State to maintain the provisional measures on behalf of Justo Victoriano
Martínez-Morales, Floridalma Rosalina López-Molina, Victor Hansel Morales-López,
Edgar Ibal Martínez-López and Sylvia Patricia Martínez-López. It also required
that Guatemala inform the Court every three months of the provisional measures
that had been taken, and that the Inter-American Commission submit to the
Court its observations on those reports within the month following their
notification of them.
41.
At the public hearing held at the seat of the Court on April 17, 1997, on
the merits of the case, Justo Victoriano Martínez-Morales, a witness in the case
and one of the persons on whose behalf provisional measures were adopted, said
that he feared for his and his family's life and physical safety and that he was
only protected at his place of residence.
42.
On April 18, 1997, the Court, bearing in mind Mr. Martínez-Morales'
statement concerning the measures adopted by Guatemala, required the State to
provide those measures to the persons in whose favor they were adopted, not
only while they are in their homes but also when they are away from them.
Guatemala and the Inter-American Commission, respectively, presented their
reports and observations, in conformity with the Order of the Court of September
22, 1995. These provisional measures will be maintained until the circumstances
of extreme gravity they were originated still exist.
VI
ASSESSMENT OF EVIDENCE
43.
The Inter-American Commission’s application was accompanied by copies
of witness statements, reports, documents, photographs, sketches, and video
recordings of interviews.
44.
The State, in its answer to the application, offered to produce documents,
witness statements, expert reports and presumptions as evidence. On January
12, 1996, it offered to submit to the Court an attestation issued by the Second
Criminal Court of First Instance of Huehuetenango, containing the judicial
proceedings relating to the case, but never did so. On February 29, 1996, the
State informed the Court that "it [would] not use the evidence of witnesses and
experts offered in its Statement of Negative Reply to the Application".
45.
In this case, the Court will assess the value of the documents and
statements submitted.
46.
The statements of Mr. Richard R. Blake, Jr., Mr. Justo Victoriano MartínezMorales, Mr. Ricardo Roberto and Mr. Samuel Blake will be evaluated together
with all the evidence in this case. While none of the witnesses mentioned directly
witnessed the acts alleged by the Commission concerning Mr. Nicholas Blake's