ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JANUARY 29, 2001
PROVISIONAL MEASURES
PANIAGUA MORALES ET AL. CASE
HAVING SEEN:
1.
The proceedings in the Paniagua Morales et al. case being processed before the
Inter-American Court of Human Rights (hereinafter “the Court”), and the transcription
of the statement made by Manuel de Jesús González Chinchilla during the public
hearing on reparations in the instant case, held by the Court at its seat on August 11
and 12, 2000.
2.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Commission”), received on January 26, 2001, in which it informed the Court about “a
disturbing attack against the witness, Manuel González”, the previous December 25, as
a result of which the latter was hit by two bullets and, to date, despite a complaint to
the authorities, there is no information about those responsible for this act.
Accordingly, the Commission requests the Court to call on the State of Guatemala “to
submit information urgently on the investigation into the said attack, the measures
adopted so that this is conducted rapidly and efficiently, and the results obtained.”
CONSIDERING:
1.
That Guatemala has been a State Party to the American Convention on Human
Rights (hereinafter “the Convention” or “the American Convention”) since May 25,
1978, and accepted the obligatory jurisdiction of the Court on March 9, 1987.
2.
That Article 63.2 of the American Convention provides that, in cases “of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons”, the
Court may adopt such provisional measures as it deems pertinent in the matters it has
under consideration.
3.
That, in the words of Article 25.1 of the Rules of Procedure of the Court:
[a]t 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 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.
That, from this provision, it is clear that the Court may act on its own motion, in
cases of extreme gravity and urgency to avoid irreparable damage to persons. The
Court has done so previously1. In the instant case, this implies safeguarding the life
and personal safety of Manuel de Jesús González Chinchilla.
1
(Cf. Loayza Tamayo case. Provisional Measures. Order of the President of the Inter-American Court of