ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 19, 1998
PROVISIONAL MEASURES ADOPTED BY THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
IN THE MATTER OF THE REPUBLIC OF GUATEMALA
CARPIO NICOLLE CASE
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter "The
Court" or "The Inter-American Court") of September 19, 1995, in which it decided
"[t]o confirm and to adopt as its own the urgent measures taken by the President
in Orders of June 4 and July 26, 1995," in which he had decided:
1.
To request that the Government of the Republic of Guatemala adopt
without delay all necessary measures to effectively ensure the protection of the lives
and personal integrity of the following persons: MARTA ELENA ARRIVILLAGA DE
CARPIO, KAREN FISCHER DE CARPIO, MARIO LÓPEZ ARRIVILLAGA, ANGEL ISIDRO
GIRÓN GIRÓN [,] ABRAHAM MÉNDEZ-GARCíA [and LORRAINE MARIE FISCHER
PIVARAL] and to investigate the threats and harassment of the persons named and
to punish those responsible.
2.
To request that the Government of the Republic of Guatemala adopt all
necessary measures so that witnesses to the Carpio case can testify, and so that the
prosecutor in the case, Abraham Méndez García, can fulfill his duties without
pressure or reprisals.
3.
To request that the Government of the Republic of Guatemala inform the
military authorities of the Military Zone to which the Civil Defense Committees of
San Pedro Jocopilas answer, to instruct these Committees to refrain from taking any
actions that would put the lives or personal integrity of the individuals named at
risk.
...
2.
The Order of the Court of September 10, 1996, in which it maintained the
provisional measures adopted in its Order of September 19, 1995.
3.
The Order of the Court of September 19, 1997, in which it decided:
1.
To require the State to include in its next report reliable documentation on
the status of case No. 1011-97 and on specific progress made with the
investigations into the threats and acts of intimidation denounced.
2.
To call upon the State to continue to report to the Court every two months,
from the date of notification of this Order, on the measures it has taken in this case,
and upon the Inter-American Commission on Human Rights to continue to submit to
the Court its observations on that information within six weeks of receipt thereof.
4.
The reports of the State and the appropriate observations of the InterAmerican Commission on Human Rights (hereinafter "The Commission") and
especially those received at the Court on June 9, 1998, in which it requested the
Court "to reiterate to the State the need for its compliance with the decisions and
for a thorough investigation of the acts of intimidation and threats denounced"
and that