8
in good faith (pacta sunt servanda).3 They must also guarantee the effectiveness of
those provisions (effet utile).4
9.
Under the President’s June 4, 1995 Order and the Court’s orders of
September 19, 1995, February 1, 1996, September 10, 1996, June 19, 1998,
November 27, 1998, September 30, 1999 and September 5, 2001, the State has an
obligation to adopt the protective and investigative measures necessary to preserve
the life and integrity of person of Mrs. Martha Arrivillaga de Carpio and of Mrs. Karen
Fischer, on whose behalf the Court ordered provisional measures.
10.
The following has been established from the reports submitted by the State
and the comments submitted by the Commission and the representatives of the
beneficiaries in 2004, and from the testimony and final oral pleadings given at the
public hearing at the seat of the Court on July 5 and 6, 2004:
a.
b.
c.
Mrs. Martha Arrivillaga de Carpio has a security detail that ensures her
personal safety, but the State withdrew the perimeter security detail
at her place of work. Guatemala acknowledged this fact in its reports
of April 6, 2004 and May 27, 2004 (supra ‘Having Seen’ 23 and 27);
Mrs. Karen Fischer has been the target of a number of threats and an
attempt on her life on June 19, 2004, none of which the State has
investigated (supra ‘Having Seen’ 16 and 29). The State also failed to
supply Mrs. Fischer’s security detail with sufficient equipment, which
meant that she had to provide them with weapons herself.
Furthermore, the members of her security detail do not have weapons
permits, official identifications or medical insurance and are paid very
little. (supra ‘Having Seen’ 24 and 33); and
The State acknowledged the danger that the persons involved in the
present case are in and expressed its willingness to expand the
existing measures (supra ‘Having Seen’ 37).
11.
The Court notes with concern that for as long as these provisional measures
have been ordered, the State has never fully complied with them, despite the fact
that the underlying reason for the adoption of these measures is to effectively
protect the life and the integrity of person of Mrs. Martha Arrivillaga de Carpio and
Mrs. Karen Fischer.
12.
The State has not fully reported on the specific measures it has taken to
investigate the recent threats allegedly made against Mrs. Karen Fischer and the
facts that necessitated the provisional measures.
3
Cf., inter alia, Matter of Liliana Ortega et al.; Matter of Luisiana Ríos et al.; Matter of Luis
Uzcátegui; Matter of Marta Colomina and Liliana Velásquez. Provisional Measures. Order of the InterAmerican Court of Human Rights of May 4, 2004, ‘considering’ seven; Matter of Lysias Fleury. Provisional
Measures. Order of the Inter-American Court of Human Rights of December 2, 2003, ‘considering’ seven;
and Matter of James et al.. Provisional Measures. Order of the Inter-American Court of Human Rights of
December 2, 2003, ‘considering’ six.
4
Cf., inter alia, Matter of Liliana Ortega et al; Luisiana Ríos et al.; Luis Uzcátegui; Marta Colomina
and Liliana Velásquez. Provisional Measures. Order of the Inter-American Court of Human Rights of May
4, 2004, ‘considering’ twelve; Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, par.
142; and Case of the “Five Pensioners”. Judgment of February 28, 2003. Series C No. 98, par. 164.
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