Order of the
Inter-American Court of Human Rights∗
of November 16, 2009
Provisional Measures
Case of Mack-Chang v. Guatemala
Having Seen:
1.
The Order rendered by the Presidency of the Inter-American Court of Human
Rights on August 14, 2002 and the Court Orders of August 26, 2002, February 21
and June 6, 2003, and January 26, 2009. In this last Order, inter alia, the Court
decided:
[…]
2.
To request the State to maintain the measures which have been adopted and to
adopt all the measures necessary to protect the right to life and physical integrity of
Helen Mack-Chang and her next of kin, Zoila Esperanza Chang-Lau (mother), Marco
Antonio Mack-Chang (brother), Freddy Mack-Chang (brother), Vivian Mack-Chang
(sister), Ronald Chang-Apuy (cousin), Lucrecia Hernández-Mack (daughter) and her
children, of the members of the Myrna Mack-Chang Foundation, and of Luis Roberto
Romero- Rivera, Jorge Guillermo Lemus-Alvarado and his next of kin, for an additional
term of at least six months from the notice of the […] Order, upon the elapsing of which,
the Court shall decide the pertinence of keeping them in force.
3.
To request the representatives to forward a risk assessment regarding the
situation of each of the beneficiaries protected by these measures within the term of
four weeks, in accordance with Considering clauses No. 17, 21, 23 and 27 hereof, in
which assessment they shall expose the arguments and supporting evidence for which
they consider that the Ordered measures should be kept in force with regard to Helen
Mack-Chang and each of her next of kin singled out in operative paragraph two hereof,
as well as regarding the protection granted to the members of the Myrna Mack
Foundation. Concretely, they shall submit information on the alleged facts occurred
against Mr. Ronald Chang-Apuy, on his present situation and the proceedings instituted
regarding said facts, as well as the information required regarding Luis Roberto RomeroRivera and Jorge Guillermo Lemus-Alvarado. Furthermore, the Inter-American
Commission on Human Rights is requested to submit its observations in an
individualized manner, with regard to each of the beneficiaries within the term of two
weeks, which shall commence upon the reception of the information forwarded by the
representatives.
4.
To request the State to submit a thorough report within the term of one month
from the reception of the observations presented by the Inter-American Commission on
Human Rights in which it makes reference to the observations presented by both the
representatives and the Inter-American Commission. Likewise, the State is requested to
forward information on the alleged facts occurred against Mr. Ronald Chang-Apuy, on his
present situation and the proceedings instituted regarding said facts.
5.
To request the State to see to the implementation of the provisional measures
in mutual agreement with the beneficiaries thereof or their representatives for the
effective protection of their rights.
∗
Due to reasons of force majeure, the President of the Court, Judge Cecilia Medina Quiroga, and
Judge Leonardo A. Franco did not participate in the deliberation and signing of the present Order. The
Vice-President, Judge Diego García-Sayán, assumed the presidency, pursuant to Article 5(1) of the Rules
of Procedure.