4
that the Commission proposed for presenting reports.
It also pledged to do
everything possible to correct the situations reported by the Commission.
16.
The Secretariat’s March 27, 2001 note, sent on the President’s instructions,
requesting that the State submit its fourteenth report. On April 18, 2001, the State
reported on the meeting that members of COPREDEH, the National Police and
Santiago Cabrera had had, wherein the latter had indicated his satisfaction with the
security measures that Guatemala provided to him and to his family, both at his
residence and his place of work. On June 6, 2001, the Secretariat reminded the
Commission to submit its observations on that report.
17.
The State’s fifteenth report, dated July 5, 2001, wherein it reiterated that
COPREDEH officials contacted Santiago Cabrera once a week to inquire about his
situation and that of his family. It also reported that the National Police were
providing security and patrolling continuously, both at his residence and at his place
of work.
18.
The Commission’s August 9, communication, conveying the petitioners’
observations on the State’s twenty-fifth (rectius fifteenth) report and requested of
the Court an “extensive interpretation” of Article 23 of its Rules of Procedure, in
order to allow the petitioners to present their own briefs in the case for provisional
measures. In the attached brief, it was reported that contrary to what the State had
reported, Mr. Cabrera López had received only one call from COPREDEH officials in
the period from May to July 2001, and that a National Police patrol car had passed
by his home only three times, on July 4, 6, and 23, 2001. At no time did they visit
his place of work.
19.
The August 29, 2001 order of the Court, wherein it decided that:
1.
The Court will admit and hear autonomous requests, arguments, and
evidence from the beneficiaries of provisional measures in cases where the
application has been presented before it; this will, however, not exempt the
Commission from its obligation under the Convention to provide the Court, at
its request, with all relevant information.
2.
Only the Inter.-American Commission on Human Rights is authorized
to provide information to the Inter-American Court of Human Rights during the
processing of measures ordered by the Court in cases where no application is
pending before it.
CONSIDERING:
1.
That Guatemala is a State party to the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and that on March 9,
1987, it accepted the binding jurisdiction of the Court, in accordance with Article 62
of the Convention.
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 shall adopt such provisional measures it deems pertinent in
matters it has under consideration, either at the Commission’s request or on its own
motion.