6
6.
To call upon the representatives of the victims to sub[mit] their observations
about the State report within a two-week term from date of submission and to Inter.American Commission of Human Rights which it will sub[mit] its observations within a
two-week term upon notice of submission of the State report.
7.
To call upon the State, after its first communication (supra operative paragraph
5), to contin[ue] informing the Inter-American Court of Human Rights, bimonthly, about
the provisional adopted measures, and requi[re] the representatives of the victims to
sub[mit] their observations of said State reports within a four-week term from date of
submission and to the Inter-American Commission on Human Rights to subm[it] its
observations within a six-week term upon notice of submission of said State reports.
19.
The October 16, 2003 note to the Secretariat, wherein it required the State to
submit, in compliance with the September 26, 2003 Order of the President, the
report on the measures the State has adopted in compliance with said Order, whose
deadline was October 10, 2003.
CONSIDERING:
1.
The State of Guatemala has been a State Party to the American Convention
since May 25, 1978, and accepted the obligatory jurisdiction of the Court on March
9, 1987.
2.
Article 63(2) of the Convention establishes that the Court may adopt such
provisional measures as it deems pertinent in matters it has under consideration
and, to this end, requires that these are cases “of extreme gravity and urgency, and
when necessary to avoid irreparable damage to persons”, the Court could, in
matters it has under consideration, adopt the provisional measures it deems
pertinent.
3.
Pursuant to the provisions of Article 25(1) of the Rules of Procedure of the
Court (hereinafter “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.
Article 1(1) of the Convention states the duty of the States Party to respect
the rights and freedoms recognized in that treaty and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms.
5.
Otoniel de la Roca Mendoza was a direct witness of the Bámaca Velásquez
Case (supra Having Seen 4, 5, and 6), a situation that has made that the former and
his next of kin, from that moment on, have been subject to threats and other
intimidating acts (infra Considering 11).
6.
Particularly, as stated in this Court, “it is a State responsibility to adopt
security measures to protect all persons subject to its jurisdiction, and that this duty
is even more evident with respect to those involved in proceedings before the
protection bodies established by the American Convention.” 1
1
Cfr., inter alia, Liliana Ortega et al Case. Provisional Measures. February 21, 2003 Order of the
Court. Series E No. 4, Considering eighth; Luisiana Ríos et al Case. Provisional Measures. February 20,
2003 Order of the Court. Series E No. 4, Considering eighth; Luis Uzcátegui Case. Provisional Measures.
February 20, 2003 Order of the Court. Series E No. 4, Considering eleventh; Luis Uzcátegui Case.
Provisional Measures. November 27, 2002 Order of the Court. Series E No. 4, Considering seventh;
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