2
(hereinafter "the President") issued an order dated July 15, 1991, whose operative
part reads as follows:
1.
To order the Government of Guatemala to adopt without delay all necessary
measures to protect the right to life and the physical integrity of DIEGO PEREBAL-LEÓN,
JOSÉ VELÁSQUEZ-MORALES, RAFAELA CAPIR-PÉREZ, MANUEL SUY-PEREBAL, JOSÉ SUYMORALES, AMILCAR MÉNDEZ-URIZAR, JUSTINA TZOC-CHINOL, MANUEL MEJÍA-TOL,
MIGUEL SUCUQUI-MEJÍA, JUAN TUM-MEJÍA, CLAUDIA QUIÑONES, PEDRO IXCAYA,
ROBERTO LEMUS-GARZA and MARÍA ANTONIETA TORRES-ARCE, in strict compliance
with its obligation to respect and guarantee human rights under Article 1(1) of the
Convention.
2.
To convene a session of the Inter-American Court of Human Rights July 29 to
31, 1991, at its seat in San José, Costa Rica, in order to take up the Commission's
request for provisional measures and this order.
3.
To convoke the Government of Guatemala and the Inter-American Commission
of Human Rights to appear, through their representatives, at a public hearing to be held
on this matter at 3:00 p.m. on July 29, 1991, at the seat of the Court.
This order was transmitted to the Commission, and to the Government of Guatemala
(hereinafter "the Government") through its Embassy in San José, Costa Rica.
3.
The Government addressed a note to the President on July 24, 1991,
regarding the order transcribed above. In that note, the Government declared that
"for the last thirty years Guatemala has experienced armed internal conflict which
has concentrated primarily on the highlands of the country, an area comprising
several Departments. One of these is El Quiché, which has probably been the area
most affected by the violence that the aforementioned armed conflict has
generated." The note added that the community of Chunimá is located in the fighting
zone "where the guerrillas conduct their war offensives and terrorist acts with
greatest intensity."
Guatemala argued that a "fundamental objective" of its Government is to achieve
peace throughout the nation and that it is "actively seeking a resolution of the armed
internal conflict and the reincorporation into peaceful political life" of the irregular
groups.
Guatemala declared that "in order to be able to give a full and accurate accounting
to the Inter-American Court of Human Rights as part of the proceedings for
provisional measures requested by the Inter-American Commission," it needs to
conduct a thorough investigation, obtain reports, hear from the inhabitants and carry
out related efforts, all of which will require time. Consequently, the Government
asked the Court for a postponement of the July 29 hearing for a period of at least 30
days.
With regard to the Order of the President of July 15, 1991, the Guatemalan note
states that "in compliance with Your Excellency's order, the Government of
Guatemala has intensified the security measures of the Chunimá area in order to
provide its inhabitants with better protection."
This note was followed by another, dated two days later, in which Guatemala
repeated its request for a postponement of the hearing and reported that "[a]s
regards the emergency measures ordered by the President of the Court, the
Government, aware of their nature and of the fact that such measures can be
emitted without a hearing of the parties, finds them to be reasonable . . . "