2
CONSIDERING:
1.
That Guatemala has been a State Party to the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) since May 25, 1978 and accepted
the contentious jurisdiction of the Court on March 9, 1987.
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, as set forth in Article 25(1) of the Court Rules of Procedure, “[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.”
4.
That, in accordance with the Order of the Inter-American Court of July 4, 2006 (supra
Having Seen clause No. 1), the State must, inter alia: a) maintain the measures it has adopted
and adopt, forthwith, all necessary measures to protect the rights to life and to humane
treatment of the members of the FAFG and some of their relatives; b) investigate the facts that
gave rise to the adoption of these provisional measures; and c) take the necessary steps to
ensure that the measures of protection are planned and implemented with the participation of
the beneficiaries or their representatives and, in general, to keep them informed of progress in
the implementation of the measures.
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5.
That, based on the requests filed by the representatives designed to make the
provisional measures effective, on April 28, 2006, the State undertook, inter alia, to:
a) appoint a member of the National Civil Police (hereinafter the “PNC”) to be in
charge of all matters relating to security at the FAFG;
b) inform the FAFG of any change or transfer of PNC officers assigned to it;
c) instruct only one unit of the PNC to monitor the officers assigned to provide
security at the FAFG and at the homes of Fredy Peccerelli, Executive Director of the
Foundation, and his next of kin;
d) issue “a general services order” to the officers assigned to provide security to the
beneficiaries in order to “identify them as members of the security forces and also as
the officers assigned by the State to provide personal security to the beneficiaries;”
e) request the Secretariat of Administrative Matters and Security (hereinafter the
“SAAS”) to arrange for the provision of “executive security” training for the PNC
members who provide security to the beneficiaries;