2
Rights, this Order, the report presented by the Guatemalan State and the Commission’s
observations thereon.
4.
The report of the Guatemalan State (hereinafter "the State" or "Guatemala"),
dated August 21, 1998, wherein it gave account of the measures it had taken to
locate Mr. Cabrera-López and provide him with protection, pursuant to the
President’s Order. The State also submitted a copy of a communication addressed to
the Court, dated July 9, 1998. On August 25, 1998, the Secretariat of the Court
(hereinafter "the Secretariat") informed Guatemala that the July 9 note had only
then been received.
5.
The Commission’s brief of August 24, 1998, requesting that the Court expand
the measures adopted in the instant case to include Alfonso Cabrera-Viagres, María
Victoria López, Blanca Cabrera, Carmenlinda Cabrera, Teresa Aguilar-Cabrera, Olga
Maldonado and Carlos Alfonso Cabrera. In that brief, the Commission stated and
requested the following of the Court:
That it remind Guatemala that all measures necessary to effectively protect the life and
integrity of Santiago Cabrera-López are to be adopted forthwith.
That it request the State to expand the measures ordered to include those needed to
effectively protect the life and integrity of the [above-named] family members who live
with Santiago Cabrera-López, in the same place –two houses built on a lot located 200
meters from the police station in the municipality of Concepción de Chiquirichapa, El
Quiche, 15 kilometer (sic) from Quetzaltenango, Guatemala [.]
Based on the information available and in order to make the requested measures
effective, the Commission would suggest that the security measures be kept in place for
6 months, after which time they should be reviewed in order either to lift them or to
extend them, depending on the circumstances of the persons being protected; that
around-the-clock police protection be ordered, posted in front of the property of the
persons in question, and that a liaison officer be named for communications between the
Concepción de Chiquirichapa police station and COPREDEH.
That the State be required to inform the Honourable Court of the specific measures it
adopts to protect the above-named persons, within a reasonable period from the time of
this communication.
Should the Court find that additional testimony and/or documents would be useful, that
a public hearing be ordered for the purpose.
CONSIDERING THAT:
1.
Guatemala became a State Party to the American Convention on May 25,
1978, and accepted the binding jurisdiction of the Court on March 9, 1987.
2.
Article 63(2) of the Convention provides that the Court shall adopt such
provisional measures as it deems pertinent in matters it has under consideration,
[I]n cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons […] With respect to a case not yet submitted to the Court, it may act
at the request of the Commission.
3.
Article 25 of the Rules of Procedure of the Court stipulates that:
At 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