Order of the
Inter-American Court of Human Rights
of September 8, 2004
Provisional Measures regarding Guatemala
Case of Plan de Sánchez Massacre
HAVING SEEN:
1.
The public hearing held on April 23 and 24, 2004 before the Inter-American
Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”) with
regard to the Case of the Plan de Sánchez Massacre v. the State of Guatemala
(hereinafter “the State” or “Guatemala”), in which Juan Manuel Jerónimo, Narcisa
Corazón Jerónimo, and Buenaventura Manuel Jerónimo appeared as witnesses.
2.
The judgment on the merits issued by the Inter-American Court on April 29,
2004 in the Case of the Plan de Sánchez Massacre, in which the Court found, in
accordance with the terms of the acknowledgment of international responsibility
made by the State, that it violated the rights set forth in Articles 5(1) and 5(2)
(Right to Humane Treatment); 8(1) (Right to Fair Trial); 11 (Right to Privacy); 12(2)
and 12(3) (Freedom of Conscience and Religion); 13(2) subparagraph a and 13(5)
(Freedom of Thought and Expression), 16(1) Freedom of Association), 21(1) and
21(2) (Right to Property) and 25 (Right to Judicial Protection) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”); and that it did not fulfill the obligation to respect rights set forth in
Article 1(1) of that same Convention.
3.
The July 20, 2004 note by the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) and its
attachments, in which it forwarded information published in the press that same day,
regarding certain threats against one of the survivors of the Plan de Sánchez
massacre.
4.
The July 21, 2004 brief by the representatives of the beneficiaries of the
measures (hereinafter “the representatives”), in which –based on Articles 63(2) of
the American Convention and 25 of the Rules of Procedure of the Court (hereinafter
“the Rules of Procedure”)- they filed before the Inter-American Court a request for
provisional measures to protect the life, the right to humane treatment, and the
personal liberty of Salvador Jerónimo Sánchez, Prudencia Cajbon, Faustina Tojom,
Juan Manuel Jerónimo, and Buenaventura Manuel Jerónimo, “who are linked to the
case of the Plan [d]e Sánchez [Massacre].”
5.
The pleadings of the representatives are based on the following alleged facts:
a)
Salvador Jerónimo Sánchez, Prudencia Cajbon, Faustina Tojom, Juan
Manuel Jerónimo, and Buenaventura Manuel Jerónimo live in the community
of Plan de Sánchez, Rabinal, in the Department of Baja Verapaz in
Guatemala.
Salvador Jerónimo Sánchez, Juan Manuel Jerónimo, and