6
accordingly (supra, paragraph 2 under “Having Seen”). By its failure to supply
information on the investigation of the facts that necessitated adoption of provisional
measures –specifically, the threats made against Mr. Santiago Cabrera López’ niecethe State has failed to comply with its obligation to investigate.
11.
That the purpose of provisional measures in domestic legal systems (domestic
procedural law) in general, is to preserve the rights of the litigant parties, thereby
ensuring that execution of the judgment on the merits will not be prejudiced by the
litigants’ actions pendente lite.
12.
That the purpose of provisional measures under international human rights
law is more far-reaching: although they are essentially preventive in nature, they
also effectively protect fundamental rights in that they seek to avoid irreparable
harm to persons.
13.
That Santiago Cabrera has been a witness before this Court and it has been
established that there is a danger that warrants the adoption of special measures to
guarantee his life and integrity.
14.
That a case “of extreme gravity and urgency” persists that justifies extension
of the provisional measures adopted on behalf of the persons protected by the
measures ordered in the Court’s August 29, 1998 Order (supra, paragraph 2 under
Having Seen:).
15.
That both the Commission and the State must submit their reports and
observations within the time period established for that purpose (infra, operative
paragraph 3).
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to the authority conferred by Article 63(2) of the American Convention on
Human Rights and Article 25 of the Court’s Rules of Procedure,
RESOLVES:
1.
To require the State to maintain the provisional measures the Court adopted
in its August 29, 1998 Order on behalf of Alfonso Cabrera Viagres, María Victoria
López, Blanca Cabrera, Carmelinda Cabrera, Teresa Aguilar Cabrera, Olga Maldonado
and Carlos Alfonso Cabrera.
2.
To reiterate to the State that it has a duty to investigate the facts in question
and to inform the Court of the condition of the persons in question.
3.
To require the State of Guatemala that as of the date of notification of this
order, it is to file reports on the provisional measures adopted in the instant case
every two months, and to require the Inter-American Commission on Human Rights
to present its observations on those reports within six weeks of receiving them.