2
it considers important that the measures in favor of Ms. [Karen] Fischer and [Marta
Elena] Arrivillaga be continued.
In view of the petitioners' declarations, the
Commission considers that the measures in favor of the other persons protected by
the order of the Honourable Court may be withdrawn, on the understanding, of
course, that it does not preclude the possibility of the petitioners again requesting
adoption of protective or provisional measures should the circumstances so warrant
(no underlining in the original).
CONSIDERING:
1.
That Article 63 (2) of the Convention provides that:
[i]n cases of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons, the Court shall adopt such provisional measures as it deems
pertinent in matters it has under its consideration. With respect to a case not yet
submitted to the Court, it may act at the request of the Commission.
2.
That the Court has the power to lift some or all of the provisional
measures when it has been proven that the lives and safety of the persons
protected are not at grave or imminent risk.
3.
That, bearing in mind the State's latest reports and the Commission's
observations, particularly those of June 9, 1998, in which it expressed its
agreement with the lifting of the provisional measures in favor of Mario LópezArrivillaga, Ángel Isidro Girón-Girón, Abraham Méndez-García and Lorraine Marie
Fischer-Pivaral, the situation of "extreme gravity and urgency" which justified the
adoption of provisional measures in their favor has ceased to exist, for which
reason it is appropriate to lift them. The same is not true of Ms. Karen Fischer de
Carpio and Ms. Marta Elena de Carpio, whose lives and personal safety the State
must continue to protect.
4.
That although the Court required the State through Order of
September 19, 1997, "to include in its next report reliable documentation on the
status of case No. 1011-97 and on specific progress made with the investigations
of the threats and acts of intimidation denounced", those documents still have
not been received. Accordingly, it is necessary to call upon the State to present
copies of the judicial proceedings concerning the investigation of the facts that
gave rise to the adoption of these provisional measures and to continue to carry
out its investigations in an effective manner.
NOW, THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in compliance with Article 63(2) of the American Convention on Human Rights
and Article 25 of its Rules of Procedure
RESOLVES:
1.
To lift the provisional measures adopted in favor of Mario LópezArrivillaga, Ángel Isidro Girón-Girón, Abraham Méndez-García and Lorraine Marie
Fischer-Pivaral.
2.
To maintain the provisional measures adopted by the Court on
September 19, 1995 in favor of Ms. Marta Elena Arrivillaga de Carpio and Karen
Fischer de Carpio.