3
of a party or on its own motion, order such provisional measures as it deems pertinent,
pursuant to Article 63(2) of the Convention.
4.
The request for provisional measures is in regard to the Bámaca Velásquez
case now before the Court.
5.
The situation that the Commission described with respect to Santiago
Cabrera-López, Alfonso Cabrera-Viagres, María Victoria López, Blanca Cabrera,
Carmenlinda Cabrera, Teresa Aguilar-Cabrera, Olga Maldonado and Carlos Alfonso
Cabrera is one of extreme gravity and urgency and thus fits the preconditions
stipulated in Article 63(2) of the Convention, necessitating the adoption of
provisional measures to avoid irreparable damage to said persons.
6.
The Court has examined the facts and circumstances that were the basis for
the June 30, 1998 Order of the President, which it ratifies inasmuch as it is
consistent with law and the merit of the petition.
7.
Guatemala has the obligation to investigate the facts that motivated the
request seeking provisional measures, in order to identify the responsible parties and
impose the proper punishment.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising the authority conferred on it by Article 63(2) of the American Convention
and Article 25 of its Rules of Procedure.
RESOLVES:
1.
To ratify the June 30, 1998 Order of the President of the Inter-American
Court of Human Rights and, accordingly, to request Guatemala to maintain the
measures necessary to protect the life and integrity of Mr. Santiago Cabrera-López,
to avoid irreparable damage to his person.
2.
To request Guatemala to adopt the measures necessary to protect the life and
integrity of Alfonso Cabrera-Viagres, María Victoria López, Blanca Cabrera,
Carmenlinda Cabrera, Teresa Aguilar-Cabrera, Olga Maldonado and Carlos Alfonso
Cabrera.
3.
To call upon Guatemala to investigate the facts in the matter and report on
the situation of the persons in question.
4.
To require Guatemala, as of the date of notification of this order, to file
reports every two months on the provisional measures adopted in the instant case,
and to require the Inter-American Commission on Human Rights to present its
observations on those reports within six weeks of receiving them.
Hernán Salgado-Pesantes
President