2
to consider the State’s obligation in that sense at an end, mainly on the matter of
the reports that must be submitted periodically to the Court.
5.
The brief of the Inter-American Commission on Human Rights (hereinafter the
“Commission” or the “Inter-American Commission”) of June 13, 2000, whereby it
stated that it feels that, for the time being, the provisional measures rendered by the
Court must continue “at least in the manner described by the State itself in its
report, that is, through the system of constant communication between the Regional
Office of COPREDEH and Mr. Justo V. Martínez; patrolling by the National Civil Police
in the areas surrounding the home of Mr. Martínez; and communication between the
latter and the Departmental Chief of the National Civil Police.”
6.
The note of the Secretariat of June 21, 2000, whereby, pursuant to
instructions by the President of the Court, the Commission was asked to submit the
reasons that served as a basis for the Commission to oppose the request by the
State.
7.
The brief of the Commission of July 10, 2000, in which it stated its belief that
in the instant case there is no causal relationship between the payment of the
indemnification that was determined by the Court, and the adoption of protection
measures on behalf of Mr. Martínez and his family, that is, that said payment per se
does not preclude at all the possibility of continued threats in the future.
Furthermore, that, in view of the fact that several persons who participated in the
criminal acts denounced by the Commission have not been yet investigated, the
former considered that, for the time being, the provisional measures ordered should
continue at least in the form described by Guatemala. Lastly, concerning the
periodical reports that the State must submit to the Court, the Commission has no
objection whatsoever to the submission thereof every six months.
8.
The note of the Secretariat of August 15, 2000, whereby it requested that
Guatemala submit all the information relative to the investigations carried out with
respect to the threats against Mr. Justo Victoriano Martínez and his family, which
gave rise to the adoption of the current provisional measures.
CONSIDERING:
1.
That Guatemala is a State Party to the American Convention since May 25,
1978, and that it accepted the compulsory jurisdiction of the Court on March 9,
1987, pursuant to Article 62 of the American Convention on Human Rights.
2.
That Article 63(2) of the Convention establishes that the Court may “adopt
such provisional measures as it deems pertinent in matters it has under
consideration,” to which effect it requires that the cases be of “extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons [and that] with
respect to a case not yet submitted to the Court, [the Court] may act at the request
of the Commission.”
3.
that
That concerning this matter Article 25 of the Rules of Procedure establishes
1.
At 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.