7
V
PROVISIONAL MEASURES
33.
On May 30, 2005 the representatives presented a brief to the Inter-American
Court, in which they stated that Mrs. Gregoria Flores, General Coordinator of the
OFRANEH, “was headed, in company of the Licentiate [Christian Alexander Callejas
Escoto], legal advisor of this organization, from La Ceiba toward the community of
Triunfo de la Cruz, in order to collect the statements that must be presented by
affidavit as part of this process. […W]hile they were parked in a gas station a man,
that would later be identified as the security guard of that establishment, fire[d] shots
toward the inside of the vehicle [where she was sitting] injuring Mrs. Flores in her right
arm […and] some of the splinters of the bullet also reached [her] […] on the side of
her stomach.” They also informed that the guard mentioned that “[he had] fired the
weapon since he was chasing a burglar[; h]owever, neither Mrs. Flores nor Licentiate
Callejas saw the person he was allegedly chasing,” and they requested that the
Tribunal “assess the situation exposed and determine if it is necessary to take
measures that guarantee the security of the witnesses, expert witnesses, and
members of OFRANEH involved in the processing of the case.”
34.
On June 13, 2005 the Court required that the State adopt, without delay, the
measures necessary to protect the life and personal integrity of Mr. Alfredo López
Álvarez, and Mrs. Teresa Reyes Reyes and Gregoria Flores Martínez, who would appear
as witnesses before the Court in the public hearing that would be held as of June 28,
2005.5
35.
On September 21, 2005 the Court ordered an extension, inter alia, of the
measures necessary to protect the life and personal integrity of the mother and
daughters of Mrs. Gregoria Flores Martínez.6
VI
EVIDENCE
36.
The principle of the presence of the parties to dispute applies to evidentiary
matters, and it involves respecting the parties’ right to a defense. This principle is
enshrined in Article 44 of the Rules of Procedure, in what refers to the time frame in
which evidence must be submitted, in order to secure equality among the parties.7
37.
The Court has previously pointed out, with regard to the receipt and
assessment of the evidence, that the proceeding followed before them is not subject to
the same formalities as domestic judicial actions, and that the incorporation of certain
elements into the body of evidence must be done paying special attention to the
circumstances of the specific case and taking into account the limits imposed by the
respect to legal security and the procedural balance of the parties. The Court has also
5
Cf. Case of López-Álvarez et al. Provisional Measures. Ruling of the Inter-American Court on Human
Rights of June 13, 2005, first operative paragraph.
6
Cf. Case of López-Álvarez et al. Provisional Measures. Ruling of the Inter-American Court of Human
Rights of September 21, 2005, operative paragraphs one through four.
7
Cf. Case of Blanco-Romero et al. Judgment of November 28, 2005. Series C No. 138, para. 37;
Case of García-Asto and Ramírez-Rojas. Judgment of November 28, 2005. Series C No. 137, para. 82, and
Case of Gómez-Palomino. Judgment of November 22, 2005. Series C No. 136, para. 45.
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