3
general, to inform them of progress regarding the urgent measures ordered by
the President of the Inter-American Court of Human Rights.
3.
To order the State to investigate the claims that gave rise to the
instant measures with the aim of discovering and punishing those responsible.
4.
To order the State to report to the Inter-American Court of Human
Rights on the measures taken to comply with the instant Order, no later than
January 10, 2003, for the Inter-American Court of Human Rights to decide on
the matter at the appropriate time.
5.
To require the representatives of the victims to submit their
observations to the report by the State within a week of the date when it was
received, and the Inter-American Commission on Human Rights to submit its
observations within two weeks of the date when it receives the report by the
State.
6.
The December 20, 2002 brief by the Inter-American Commission on Human
Rights (hereinafter “the Inter-American Commission” or “the Commission”) in which
it submitted its observations on the twenty-first report by the State on Provisional
Measures and referred to “the situation of risk and fear suffered by part of Efraín
Bámaca’s family” and was “especially concerned by the facts stated that have
seriously affected not only the ease of mind but also the physical and emotional wellbeing of the next of kin of Mr. Bámaca Velásquez, who for reasons of safety have
had to leave their usual place of residence.”
7.
The January 14, 2003 brief by the Secretariat of the Court in which it asked
the State to send the report on urgent measures adopted by the State of Guatemala
in compliance with the December 20, 2002 Order of the President of the InterAmerican Court of Human Rights (supra Having Seen 5).
CONSIDERING:
1.
Guatemala ratified the American Convention on May 25, 1978 and, pursuant
to Article 62 of that Convention, it accepted contentious jurisdiction of the Court on
March 9, 1987.
2.
Pursuant to Article 25(1) of the Rules of Procedure of the Court,
[a]t any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the
Court may, at the request of a party or on its own motion, order such
provisional measures as it deems pertinent, pursuant to Article 63(2) of the
Convention.
[...]
3.
The Court is empowered to adopt Provisional Measures in cases of extreme
gravity and urgency to avoid irreparable damage to persons (Article 63(2) of the
Convention). This involves protection of the right to humane treatment of the next
of kin of Efraín Bámaca Velásquez.
4.
The request for Provisional Measures described a situation of extreme gravity
and urgency, consistent with the conditions set forth in Articles 25(1) of the Rules of
Procedure of the Court and 63(2) of the American Convention on Human Rights.
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