2
3.
Call[ed] upon the State of Guatemala to investigate the facts denounced by the InterAmerican Commission on Human Rights and punish those responsible.
[...]
5.
The seventh, eighth and ninth reports of the State of Guatemala (hereinafter “the
State”) in which it advised that officials of the Regional Office of COPREDEH visited some of
the homes of the beneficiaries of the provisional measures and presented the official record
which listed the results and effects of these visits. Moreover, it mentioned that no incident
had been reported “that [might] alter the normal daily activities of the beneficiaries.”
6.
The observations of the Inter-American Commission on Human Rights (hereinafter
“the Commission”) of October 1, 1998, in which it indicated that “a few days before
September 15, 1998”, Alberto Godínez and Mariá García Domingo were threatened directly
by Enrique López Domingo and Jorge López GARCÍA, former members of the Armed Forces
who live in Colotenango. Furthermore, it requested the Court to “request the Government
to provide information on the specific measures it has taken to investigate the recent threats
reported by the petitioners.”
CONSIDERING:
1.
That, in its periodic reports, the State has not mentioned the measures of protection
that it should provide to Lucía Quila Colo, Fermina López Castro and Patricia Ispanel
Medimilla in compliance with the orders of the Court.
2.
That there is a contradiction between what the State has stated in its reports and the
Commission in its respective observations since, while the former indicated that the
beneficiaries have not suffered from threats or harassment, the latter alleged that two of
them were directly threatened by two former members of the Armed Forces who live in
Colotenango. Therefore, it is of the utmost importance that these alleged threats be
investigated in order to comply with the purpose of these measures.
3.
That, in its reports, the State has not mentioned the investigation into the facts that
motivated the adoption of the provisional measures nor the punishment of those
responsible.
4.
That, as an essential element of its duty to protect, the State is obliged to investigate
the threats and acts of intimidation suffered by the persons protected, in particular, those
allegedly received by Alberto Godínez and María García Domingo.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
pursuant to Articles 63.2 of the American Convention and 25.1 and 25.2 of its Rules of
Procedure,
DECIDES:
1.
To call upon the State of Guatemala to include a detailed description of the measures
of protection provided to Lucía Quila Colo, Fermina López Castro and Patricia Ispanel
Midimilla in its next report.