4
the persons mentioned in the Order of the President of April 24, 1996. This
notwithstanding, the Court considers that the investigations conducted have been
neither adequate nor effective.
5.
That it is therefore necessary to call upon the Government of Guatemala, as a
vital aspect of its protective duty, to take effective measures to investigate the
events denounced, guarantee the full independence of the judges, and, where
appropriate, to punish those responsible.
6.
That the Court underscores that the State has the obligation to investigate
any situation in which the human rights protected by the Convention may have been
violated. That the obligation to investigate, as well as to prevent and sanction, must
be assumed by the State as a legal duty and not merely as a formality.
7.
That, in particular, Guatemala has an obligation in every case to guarantee
the lives and physical integrity of all persons whose rights may be threatened.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Article 63(2) of the American
Convention on Human Rights and Article 24 of the Rules of Procedure of the Court.
DECIDES:
1.
To ratify the Order of the President of April 24, 1996.
2.
To call upon the Government of the Republic of Guatemala:
a.
To maintain the provisional measures on behalf of Blanca Margarita
Valiente de Similox, Vitalino Similox, Sotero Similox, María Francisca Ventura
Sican, Lucio Martínez, Maximiliano Solís, Bartolo Solís, Julio Solís Hernández,
María Magdalena Sunún González, Héctor Solís, José Solís, Gregoria Gómez,
Juan García, Eliseo Calel and Víctor Tuctuc.
b.
That as a vital aspect of its protective duty, it take effective measures
to investigate the events and, where appropriate, punish those responsible
for them.
3.
To call upon the Government of the Republic of Guatemala to continue to
report every two months on the provisional measures taken.
4.
To call upon on the Inter-American Commission on Human Rights to transmit
to the Court its comments on that information not later that one month from the
date of its receipt.