4
measures, had not suffered threats or intimidation for several years, and that the
problems that Víctor Hansel Martínez-López had complained about were totally
separate from the facts that gave rise to these provisional measures. The State also
asserted that during the period in which the measures had been in force there had
been no real and eminent threat to the beneficiaries’ lives and safety, and this had
led to a change in their legal nature. Therefore, it requested that the provisional
measures be lifted and that the file be shelved.
13.
The October 15, 2004 note by the Secretariat of the Court (hereinafter “the
Secretariat”) in which it asked the State to submit its quarterly report on the
provisional measures ordered by the Court. The November 4, 2004 note by the
Secretariat, in which it repeated its request for the State to submit said report.
14.
The November 4, 2004 notes by the Secretariat, in which, under instructions
by the President, it asked the Commission and the representatives of the
beneficiaries of the provisional measures to state their position regarding the State’s
request to lift the provisional measures.
15.
The November 12, 2004 note by the Inter-American Commission, in which it
stated that it received a letter from Florildama López de Martínez, in which she
requested that the protection measures be extended six months more, since in
September of this year “one of [her] sons received several threatening phone calls,”
for which reason the State must investigate the origin of those threats. The
Commission also pointed out that it believes it prudent for the Court to extend the
provisional measures six months more, during which time the State should report on
the legal situation of Vicente Cifuentes-López, to assess whether the conditions that
gave rise to these measures still exist. Finally, the Commission stated that the Court
could order the gradual lifting of the measures in the course of six months, if the
circumstances allow this, until the security measures are definitively lifted. For this,
the Commission pointed out that the number of security agents in charge of the
stationary security post could be reduced from two to one, in 24 hour shifts, for
three months; second, the stationary security post could be changed to perimeter
security with a mechanism to ensure the ability of the National Civil Police to react
immediately if necessary, for three months more; and third, definitive lifting of the
security measures.
WHEREAS:
1.
Guatemala has been a State Party to the American Convention on Human
Rights (hereinafter “the American Convention”) since May 25, 1978, and it accepted
the adjudicatory jurisdiction of the Court on March 9, 1987.
2.
Article 63(2) of the American Convention provides that in cases of “extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
the Court may adopt such provisional measures as it deems pertinent in matters it
has under consideration.
3.
In its Orders of September 22, 1995, April 18, 1997, August 18, 2000, and
June 2, 2001, the Court ordered the State to take such steps as might be necessary
to ensure the lives and the right to humane treatment of Justo Victoriano MartínezMorales and his next of kin, Floridalma Rosalina López-Molina, Víctor Hansel MoralesLópez, Edgar Ibal Martínez-López, and Sylvia Patricia Martínez-López (supra Having
Seen 2, 3, 4 and 5).
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