contemplated under Article 63(2) of the American Convention, in which the ordinary
guarantees that exist in the State where they are requested are insufficient or
ineffective, or the domestic authorities cannot or will not enforce them. 5
7.
The fact that the representatives of the beneficiaries requested the Court to order
Guatemala to adopt provisional measures protect the life and physical integrity of Mr.
Luis Roberto Romero Rivera, who since 2008 has worked as Director of the Special
Investigations Unit of the Office of the Human Rights Ombudsman, which is “in charge of
conducting investigations into cases of forced disappearance[s] that occurred during the
internal armed conflict in Guatemala” (supra Having Seen 2.a). As to his link with the
case of García and Family, the representatives explained that Mr. Romero Rivera has
worked on the domestic criminal investigation into the case of Mr. Edgar Fernando
García and referred to the progress and current status of those criminal proceedings, in
which military officers have been convicted and a colonel who served as Director of the
National Police is being investigated (supra Having Seen 2.b). The representatives also
referred to the events that allegedly occurred in July 2011, as well as to those that
supposedly took place prior to 2011 (supra Having Seen 2.c a 2.e). According to the
representatives these facts constitute a situation of gravity and urgency, bearing in mind
the alleged danger implied in prosecuting military officers in Guatemala.
8.
The Court notes that the representatives asked the Court to order provisional
measures basically because they knew that the State would withdraw the measures of
protection that it had been providing to Mr. Romero Rivera, which consisted of “the
provision of personal security by the National Civil Police, which assigns two officers who
take turns” (supra Having Seen 2.f). These protection measures were initially
implemented by Guatemala in the context of the provisional measures ordered by the
Court in favor of Mr. Romero Rivera in relation to the case of Myrna Mack Chang. On
November 16, 2009 this Court decided to lift the provisional measures in favor of the
beneficiary Luis Roberto Romero Rivera, taking into account, among other reasons:
26.
That with regard to Mr. Luis Roberto Romero Rivera, the representatives stated that at
the time he was the attorney in the Case Mack Chang, but that due to his present capacity as an
official at the office of the Human Rights Ombudsman, he may use other institutional mechanisms
of protection. During the private hearing the representatives repeated the foregoing.
[...]
28.
That the Court […] notes that from the information provided by the State and the
representatives in their briefs, as well as at the private hearing, the parties agree that in the last
seven years there have been no situations that would suggest the existence of a risk for the
beneficiary. In addition to this, the beneficiary currently works as legal adviser at the office of the
Human Rights Ombudsman, for which reason, as pointed out by the parties, Mr. Romero Rivera
would have access to other measures of protection.
29.
That […] since these provisional measures were enforced, there have been no incidents
of threats against Mr. Luis Roberto Romero Rivera. Consequently, the Court considers it
reasonable to presume that the situation of extreme gravity, urgency and imminent risk which
gave rise to the adoption of the provisional measures to protect the life and physical integrity of
the beneficiary no longer exists, for which reason his situation no longer falls within the
requirements set forth in Article 63(2) of the Convention.
[…]
9.
According to the information provided, after the Court lifted those measures in the
case of Myrna Mack Chang, Guatemala continued to provide security to Mr. Romero
Rivera. The Court interprets this action by the State as part of its fulfillment of the
5
Cf. Matter of the Mendoza Prisons. Provisional Measures regarding Argentina. Order of the President
of the Inter-American Court of August 22, 2007, Considering para. 14; Matter of El Rodeo I and El Rodeo II
Judicial Confinement Center. Provisional Measures regarding Venezuela. Order of the Inter-American Court of
February 8, 2008, Considering para. 15, and Matter of the Mendoza Prisons. Provisional Measures regarding
Argentina. Order of the Court of July 1, 2011, Considering para. 40.
5