ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF JULY 4, 2006
REQUEST FOR PROVISIONAL MEASURES SUBMITTED BY THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
REGARDING THE REPUBLIC OF GUATEMALA
MATTER OF THE GUATEMALAN FORENSIC
ANTHROPOLOGY FOUNDATION
HAVING SEEN:
1.
The brief of April 10, 2006, and its attachments in which the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the Inter-American Court of Human Rights (hereinafter
“the Court”), pursuant to Articles 63(2) of the American Convention on Human
Rights (hereinafter “the Convention” or “the American Convention”) and 25 of the
Rules of Procedure of the Court (hereinafter “the Rules of Procedure”), a request for
provisional measures for the State of Guatemala (hereinafter “the State” or
“Guatemala”) to adopt the necessary measures to protect the life and personal
integrity of the members of the Guatemalan Forensic Anthropology Foundation
(hereinafter “the Foundation” or “FAFG”) and the next of kin of its Executive Director,
Fredy Armando Peccerelli Monterroso.
2.
The alleged facts on which the request for provisional measures submitted by
the Commission is founded:
a)
b)
c)
FAFG is a non-profit, non-governmental scientific organization that conducts objective
and impartial forensic anthropological investigations into suspicious deaths (individual or
mass), using physical and social anthropology and archeology. Currently, 61 persons
work at the Foundation;
One of the purposes of this organization is to help the communities and the families of
victims recover the remains of their next of kin so that they can give them a “legal
burial, according to their customs and, at the same time, to reduce the number of
clandestine cemeteries where the bodies of the victims of the armed internal conflict
that took place from 1962 to 1996 are interred”;
To date, FAFG has conducted more than 340 forensic anthropological investigations in
clandestine cemeteries in Guatemala. In addition, the Foundation is an “expert
recognized by the Attorney General’s Office [Ministerio Público] providing expert reports
on exhumation results and forensic analyses, contributing to the investigations into
those responsible for these violent acts.” It has also collaborated in more than 20
international missions on forensic anthropological investigations in countries such as
Bosnia, Kosovo, the Congo and Honduras;
*
Judge Oliver Jackman informed the Court that, for reasons beyond his control, he could not
attend the deliberation of this Order.
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