4
day it was clear that there is “mistrust of security forces, due to information being
leaked and because groups operating out of them could be carrying out political acts
of violence.”
CONSIDERING:
1.
The State ratified the American Convention on May 25, 1978 and, pursuant to
Article 62 of the Convention, it accepted contentious 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, in matters it has under consideration, adopt the provisional
measures it deems pertinent, and in cases not yet submitted to the Court, it may act
at the request of the Commission.
3.
Pursuant to the provisions of Article 25(1) of the Rules of Procedure of the
Court,
[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.
The background submitted by the Commission in its request (supra Having
Seen 2 and 3) demonstrates prima facie the existence of a situation of extreme
gravity and urgency regarding the lives and physical safety of Helen Mack Chang,
Viviana Salvatierra and América Morales Ruiz, of Luis Roberto Romero Rivera and of
the other members of the Myrna Mack Foundation.
6.
The purpose of provisional measures, in International Human Rights Law, is
to effectively protect fundamental rights, inasmuch as they seek to avoid irreparable
damage to persons. Granting of provisional measures, due to their own juridical
nature and object, does not prejudge on the merits of the case of anthropologist
Myrna Mack, which is being processed in the Court against the Guatemalan State.
7.
The State has the responsibility to adopt security measures to protect all
persons under its jurisdiction, and this duty becomes even more evident regarding
persons who are involved in proceedings before the protection bodies of the
American Convention.
8.
Guatemala also has an obligation to investigate the facts that gave rise to
this request for provisional measures, with the aim of identifying those responsible
and punishing them as appropriate.
9.
The August 14, 2002 Order of the President of the Court was in accordance
with the facts and circumstances and in accordance with the law, all of which
justified adopting urgent measures.