4
same date, in which, on the instruction of the President, it granted the said
representatives and the Commission an extension until March 19, 2003, for the
presentation of those comments, which again were not received.
12.
The note of the Secretariat of January 23, 2003, in which it acknowledged
receipt from the State of the death certificate corresponding to “Justo Víctor Morales
Martínez” and requested Guatemala to clarify the name of this person in view of the
difference between the last name indicated in the certificate and the name of the
beneficiary indicated in the Orders of the Court as Justo Victoriano Martínez Morales;
and the note of the Secretariat of February 11, 2003, in which it reiterated to the
State the request for this clarification.
13.
The communication of the State, received on March 11, 2003, in which it
presented the clarification regarding the name of the beneficiary of the measures
and a certificate indicating that the names “Justo Victoriano Martínez Morales, Justo
Víctor Martínez Morales and Justo Víctor Morales Martínez” identify one and the same
person, who was a beneficiary of provisional measures. Moreover, Guatemala
reiterated its request that the provisional measures be lifted and terminated and the
respective case file closed.
14.
The note of the State of May 13, 2003, in which it indicated that “the
Government of the Republic of Guatemala has requested the […] Court to issue an
order that decides to terminate and file these measures; however, no decision has
been taken on the Government’s request and, therefore, the State of Guatemala
communicates to the [...] Court its decision to cease to provide the safety measures
that it had been providing to the next of kin of Justo Victoriano Martínez Morales, as
of this date.”
15.
The note of the Secretariat of May 15, 2003, in which, on the instructions of
the President, it requested the representatives of the beneficiaries and the InterAmerican Commission to submit comments on the State’s communication mentioned
in the preceding paragraph.
16.
The notes of the representatives of the beneficiaries of the measures and of
the Commission of May 22, 2003, requesting an extension for the presentation of
the comments on the State’s communication (supra fourteenth having seen
paragraph); and the note of the Secretariat of May 23, 2003, in which, on the
instructions of the President, it granted them a non-extendible period until June 3,
2003, to submit the said comments, so that the Court could examine them during
the regular session to be held from June 4 to 7, 2003.
17.
The communication of the representatives of the beneficiaries of the
measures of June 3, 2003, in which they indicated that “the death of Victoriano
Martínez could suffice to lift the measures adopted in his favor. However, the death
of Mr. Martínez, one of the five beneficiaries, is not sufficient reason to terminate the
measures of protection for the other four members of his family.” Moreover, the
representatives indicated that Floridalma Rosalina López Molina had advised that
“her son, Víctor Hansel Morales, had received death threats from unknown persons.”
Consequently, they consider that the conditions stipulated in Article 63(2) of the
Convention have not disappeared, in order to lift the measures with regard to the
family of Justo Victoriano Martínez Morales “without a thorough evaluation of the
safety conditions of each one of them.” Lastly, the representatives requested the
Court to maintain the measures granted to Floridalma Rosalina López Molina and her