7
11.
That the purpose of provisional measures in domestic legal systems (domestic
procedural law) is, in general, to preserve the rights of the litigant parties, thereby
ensuring that the judgment on the merits is not prejudiced by their 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 the State must continue to follow all necessary procedures so that the
measures ordered by the Court are planned and carried out with the petitioners’
participation, so that those measures are performed diligently and effectively.
14.
That prima facie “a situation of extreme gravity and urgency” persists that
justifies maintaining the provisional measures that the Court called for on behalf of
Marta Arrivillaga de Carpio and Karen Fischer de Carpio in its Orders of September
19, 1995, February 1, 1996, September 10, 1996, June 19, 1998, November 27,
1998 and September 30, 1999.
15.
That both the Commission and the State are to present their reports and
observations within the time frames established for that purpose (infra, operative
paragraph 2).
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to articles 63(2) of the American Convention on Human Rights and Article
25 of the Court’s Rules of Procedure
RESOLVES:
1.
To call upon the State to maintain the provisional measures ordered by the
Court on September 19, 1995, February 1, 1996, September 10, 1996, June 19,
1998, November 27, 1998, and September 30, 1999, on behalf of Marta Elena
Arrivillaga de Carpio and Karen Fischer de Carpio.
2.
To call upon the State to continue to report to the Court every two months on
the measures that it has taken in this case, and to call upon the Inter-American
Commission on Human Rights to continue presenting to the Court its observations
on the reports that the State files with the Court in this case, within six weeks of
receiving those reports.
3.
To request the State of Guatemala to include in its next report, detailed
information on the security and protection measures being taken for Mrs. Marta
Elena Arrivillaga de Carpio and Mrs. Karen Fischer de Carpio and on the measures
being taken to investigate the threats made against the two women and what
implications the decision to set aside case No. 1011-97 had for these measures.
Antônio A. Cançado Trindade
President